NWALI SYLVESTER NGWUTA, J.S.C.: (Delivering the Leading Judgment): This appeal is against the judgment of Kaduna Division of the Court of Appeal delivered on 21/2/2006.
The appellant, as plaintiff, filed a Summon s ex-parte, before the Kaduna Judicial Division of the High Court of Justice, Kaduna State, on 15/12/2000 in which he prayed the trial Court for:
"An order listing under the Undefended List the Writ of Summons to be issued against the defendant."
The respondent was the defendant in the trial High Court.
On 26/2/2001, the trial Court, having considered the summons ex-parte and the accompanying affidavit ordered that:
'The suit is marked under Undefended List."
Upon service on it of the Writ of Summons filed on 15/12/2000, the Respondent, as defendant, filed a Notice of Intention to Defend with Supporting Affidavit raising defences to the action. The trial Court took learned Counsel's submissions and considered the affidavit evidence and held thus:
"As there is no defence on th…