IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): The Respondent (then Plaintiff) in the High Court of Justice Kwara State, in the Ilorin Judicial Division Holden at Ilorin, by way of Ex-parte Motion brought pursuant to Order 23 Rule 1 of the Kwara State High Court (Civil Procedure) Rules, 1989, in suit Number KWS/2/2005, applied for leave of the Honourable Court to enter the action under the Undefended List and to mark the writ of Summons and the Affidavit in support thereof as "UNDEFENDED-LIST" and for such further Order(s) as the Court might deem fit to make in the circumstances of the case. That Application was filed on the 10th day of January, 2005.
In the five-paragraph affidavit deposed to by Idowu Agboola, male, Christian, Company Worker, Nigerian of No. 31, Western Avenue, Surulere Lagos, who incidentally was the Plaintiff/Applicant he had sworn to the following facts:-
1. That he was conversant with the facts of the case by virtue of being the Plaintiff/Applica…