ISAIAH OLUFEMI AKEJU, J.C.A (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Cross River State Holden at Ogoja contained in the Judgment delivered on 22nd June, 2010, in suit No. HJ/28/2011 commenced by the respondent herein as claimant by filing a motion exparte on 1st June, 2010 for the Order placing the suit for hearing under the undefended list. The High Court (hereinafter called the lower court) granted the application on 4th June, 2010 and leave was granted to the respondent that the suit be placed for hearing under the un-defendant list. The writ filed therein was accordingly marked and the processes were served on the appellant.
The claim of the respondent as endorsed on the writ of summons is for:
"a. The sum of four hundred and fifty thousand naira only N450,000.00 being the balance of the sum of N600, 00.00 claimant invested with defendant under its commercial paper investment which has become due since November, 16th 2009.
b. 14%…