BA’ABA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Justice, Kaduna, Kaduna State , sitting in the Zaria Judicial Division, delivered on 8 November 2006 by Hon.
Justice Dogara Mallam of the Kaduna State High Court.
The respondent who was the plaintiff took out a writ of summons under the undefended list procedure, claiming against the defendant now appellant, the sum of N500,000.00 (five hundred thousand naira only) being the unpaid balance of the purchase price of X-Ray machine he sold to the defendant/appellant on or about 4April 2006. The writ of summons in support of the undefended list procedure was supported by a five paragraphed affidavit to which annextures were attached. A The appellant who was the defendant before the trial court filed a notice of intention to defend the suit which he wrongly titled “motion on notice.”
The learned trial Judge after hearing counsel to the parties and taking into consideration the affidavit in …