GOV OF IMO STATE & ORS
V.
E. F. NETWORK (NIG) LTD & ANOR

ITA GEORGE MBABA J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of Imo State High Court in Suit No. HU/538/2011, delivered on 11/2/2014 by Hon. Justice Ijeoma Agugua, wherein the learned judge entered Judgment for the claimants, as per their claims. Appellants, who were defendants at the trial Court, being aggrieved, filed this appeal on 7/5/2014, as per their Notice of appeal, challenging the judgment, on pages 173 to 176 of the Records of Appeal.

The Claimants (now Respondents) had filed a writ of summons on 27/9/2011, seeking the same reliefs. On the same date, they filed a motion exparte praying for an order setting down the suit under the undefended list and deeming the writ of summons (Exhibit E) as duly filed and served, the filing fees having been paid. On 25/10/2011, the trial Court refused the application to place the matter on the undefended list, and ordered the claimant to filed their statement of claim and front load accordingly. The Defe…