UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the Bauchi State High Court sitting in Bauchi, delivered on 2nd August, 2016 in Suit No: BA/115/2016; wherein the learned trial Judge entered judgment for the Respondent herein holding that the Appellant's affidavit in support of his Notice of intention to defend showed no merit on defence.
The Respondent had at the trial Court with leave pursuant to Order 23 Rule 1 of the Bauchi State High Court (Civil Procedure) Rules, 1987, initiated the action under the undefended list procedure. The Respondent claimed against the Appellant as follows:
1) An order directing the Defendant to immediately refund to the Plaintiff the sum of ₦4,150,000.00 (Four million, one hundred and fifty thousand Naira) only, being the amount received from the Plaintiff by the Defendant as loan which he failed to refund.
2) An order directing the Defendant to pay the Plaintiff 10% post judgment interest
3) Cost of the …