MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the High Court of Akwa Ibom State in suit No. HU/UND.147/2008, delivered on 23/7/2008 by which it entered judgment in part, under the undefended list procedure and transferred a part to the general cause list for determination.
The Respondent had taken out a writ of summons under the provisions of Order 23, Rule 1 of the Akwa Ibom State High Court Civil Procedure Rules, 1989 (to be referred to as High Court Rules after now) and after receipt of the writ, the Appellants had filed a notice of intention to defend the action accompanied by an affidavit disclosing a defence on the merit.
In the judgment appealed against, the High Court had found that the Appellants, had admitted the sum claimed by the Respondent less 10% thereof which was disputed by the parties, and so entered judgment in respect of the sum said to have been admitted and transferred the disputed 10% to the general cause lis…