ZAINAB ADAMU BULKACHUWA, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated and filed on the 22/3/2004 the Respondent as the Plaintiff before the trial court claimed against the Appellants/Defendants jointly and severally the sum of N180,000.00 (One hundred and eighty thousand Naira) only being the sum due and owed to the plaintiff which sum the Defendants had refused to pay in spite of repeated demands.
By a motion ex-parte which was moved and heard by the trial court on the 7/4/2004 the court granted leave that the suit be entered in the undefended list.
Upon being served with the writ and the order placing the suit on the undefended list, the defendants by a motion dated and filed on the 21/5/2004 prayed for an order of the court extending the time within which the defendants may file their notice of intention to defend and a deeming order on the annexed notice of intention to defend.
The court heard the said motion on the 2/6/2004 and granted the relief sought …