BEN ELECTRONIC CO. NIG. LTD
V.
ATS & SONS & ORS

IGNATIUS IGWE AGUBE, JCA (Delivering the leading Judgment): The Plaintiff/Appellant commenced the suit now on appeal in the High Court of Justice Taraba State before His Lordship I. M. Sambo, J. of Jalingo Judicial Division by a Writ of Summons dated 21st 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 Respondents entered Conditional Appearance on the 11th of April, 2008 and on the 14th of April, 2008 filed a Notice of Intention to Defend accompanied by a Notice of Preliminary Objection and Affidavits in Support of the Notice of Intention to Defend and the Notice of Preliminary Objection to the jurisdiction of the Court below to entertain the suit on the ground of non-compliance with the provisions of Order 5 Rule 6 of the Taraba State High Court (Civil Proc…