OKORO JSC (Delivering the Lead Judgment): The respondent as plaintiff commence the suit giving birth to this appeal in the High Court of Taraba State, sitting at Jalingo, by a writ of summons dated 21 February 2008 and upon a motion ex- parte of the same date, prayed the court for the suit to be placed on the undefended list and for same to be so marked and heard accordingly. Upon being served with the originating processes after the ex-parte motion was granted as prayed, the respondent entered conditional appearance on 11 April 2008, and on 14 April 2008, filed a notice of intention to defend accompanied by notice of preliminary objection to the jurisdiction of the trial court to entertain the suit on the ground of non-compliance with the provision of Order 5, rule 6 of the Taraba State High Court (Civil Procedure) Rules, Cap 63, Laws of Taraba State, 1987.
The said notice of preliminary objection was however withdrawn and in a considered ruling, the trial court found merit in the no…