SALAMI, J.C.A. (Delivering the Leading Judgment): The only issue calling for determination in this appeal is to the effect whether the trial court was right in treating the notice of intention to defend filed as too late and not therefore deserving of any consideration in arriving at its judgment.
This is appeal against the judgment of Edozie, J. delivered on 18/1/94 w herein the court entered judgment for the plaintiff in the sum of N340.000.00 in a claim brought under the undefended list.
The plaintiff claimed against the defendant the sum of N340,000.00 being the balance of the sum of N940,000.00 being the price of 40 metric tonnes of high density polythene injection material sold and delivered to the defendant and for which the defendant failed or neglected to pay inspite of repeated demands. The
suit was fixed for hearing on 18th January, 1994 and on that day the court entered judgment in favour of the plaintiff without giving consideration to the defendant's notice of intention to …