BABA ALKALI BA'ABA, J.C.A.(Delivering the Leading 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 the 8th day of November, 2006 by Hon. Justice Dogara Madam of the Kaduna State High Court.
The respondent who was the plaintiff took out a writ of summon 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 the 4th day of April, 2006.
The writ of summons in support of the undefended list procedure was supported by a five paragraph affidavit to which annextures were attached.
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 tak…