STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Akwa Ibom State High Court in Suit No. HU/MIS. 264/2014 delivered on 26th September, 2014 by B. F. Etuk, J.
The facts of this case from the record before us are straight forward. The Appellant had stood as a Guarantor to the 2nd Respondent for a loan obtained by the said 2nd Respondent from the 1st Respondent in this appeal. The loan was not repaid so the 1st Respondent instituted Suit No. HT/UNDT. 8/2013 at the High Court of Akwa Ibom State, Ikot Ekpene Judicial Division. The Court at Ikot Ekpene heard that suit in an undefended suit proceeding and delivered judgment on the 6th day of June, 2013. The judgment was executed against the Appellant and his property attached and carried to the premises of the High Court.
The Appellant now aggrieved took an application before the Lower Court in this matter which was a vacation Court. A Vacation Court at the High Court of Akwa Ibom is a …