ACHIKE, J.C.A. (Delivering the Leading Judgment): The plaintiff/respondent instituted an action on 21/4/95 against the defendant/appellant claiming N2,500,000 being special and general damages, having simultaneously filed his writ of summons and the statement of claim. The same were served on defendant/ appellant herein, on 27/4/95. A memorandum of appearance was filed on 4/5/95, within time. The statement of defence which ought to have been filed on or before 27/5/95 was not so filed. Being out of time, appellant by his motion filed on 21/ 6/95 prayed for the lower court as follows:
"(a) An order of the Honourable Court extending the time the defendant will file and serve his statement of defence.
(c)Deeming the statement of defence attached to this file (sic) as dulyfiled on payment of the appropriate fees."
In the supporting affidavit, to which no counter-affidavit was filed, the reasons for the default in filing the statement of defence were set out. The motion was heard on 18/9/95 …