MOHAMMED LAWAL GARBA, J.C.A.: (Delivering the Leading Judgment): The Respondent, as plaintiff, had by a motion ex parte under the provisions of Order 23, Rule 1 of the Akwa Ibom State High Court Civil Procedure Rules, applied for the issuance and placement of the writ of summons in the suit against the Appellant, under the Undefended List of that court. The motion, which was dated and filed on the 13/3/2007, was accompanied be an affidavit of nine (9) paragraphs to which were annexed documents marked as Exhibits "1 - 6". It was heard and granted on the 24/4/2007 by the High Court and accordingly, the writ was marked and placed under the undefended list of that court for hearing. The return date for the hearing was the 7/5/07.
From the printed record of the appeal, on the return date, the Appellant who was Defendant to the suit, was represented by one patience Arikpo, but no counsel appeared for it. C. O. Ezeibe, along with other counsel, appeared for the Respondent and he urged the Hi…