MUHAMMAD LADAN TSAMIYA, J.C.A. (Delivering the Leading Judgment): The respondent (herein) was the plaintiff at the trial Court. He sued the appellant (who was the defendant at the trial Court), claiming the sum of N136, 810.00, and 10% interest on the judgment sum from December, 1998, to the final satisfaction of the judgment and the costs of this action.
The claim was brought under the undefended list procedure. The appellant filed a Notice of Intention to defend, which was supported by an affidavit. After taking submissions by counsel to both parties, the learned trial Chief Judge refused to transfer the matter to the general cause list, but entered judgment in favour of the respondent. In his Ruling, the Chief Judge stated:-
"The justice of the matter, therefore, dictates that the Notice which is a denial devoid of any particular...mere general denial of the plaintiffs claim is not sufficient to warrant a defendant being given leave to defend...
The defendant is hereby ordered to p…