ARIWOOLA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Sokoto State High Court , Sokoto in suit No. SS/ 70/2002 delivered by the Hon. Justice Danlami B. Sambo on 24th April, 2003.
The fact of this case goes thus: Sometime on 21/01/2003, the High
Court had granted leave to the respondent, sequel to his application ex parte dated 17/12/02, to have his claim to recover debt or liquidated money demand under the undefended list procedure in accordance with Order 22, rule 1 of the Sokoto State High Court (Civil Procedure) Rules, 1993 (as amended). Consequently, the appellant was served with all the processes used to obtain leave, including the writ of summons, affidavit in support, various documents attached as exhibits and the notice of intention to commence this action against the appellant. By the process dated and filed on 6/2/03, the appellant indicated its intention to defend the action . To this notice, it attached an affidavit deposed to by on…