BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): On 6/5/2009, the Respondent as Plaintiff approached the Gombe State High Court against the Appellant as Defendant vide a writ of summons filed on same date claiming amongst other reliefs the sum of N36,368,479. 69 being the debit balance in the Appellants account with the Respondent, which sum the Appellant had defaulted in paying despite demand. On 22/5/2009, the Court below in the absence of a notice of intention to defend by the Appellant entered Judgement in favour of the Respondent against the Appellant.
However, by a motion on notice filed on 25/5/2009, the Appellant sought the order of the Court below setting aside its Judgement entered on 22/5/2009. The ruling was delivered on 12/6/2009. Consequent upon the setting aside of the Judgement entered in default, the Appellant sought and obtained the leave of the Court below by a motion on notice filed on 25/5/2009 and deemed its notice of intention to defend as p…