JUDGMENT
AYEBI, JA
1. This appeal questions the refusal of the trial judge to set aside its order made against the defendant/applicant/appellant on 22nd December, 2011 as null and void, although the plaintiff/respondent/respondent and the trial judge conceded that the defendant/applicant/appellant was absent in court when the order was made because he was not served with the foundation motion.
2. The remote cause of the complaint is that plaintiff/respondent in 2009 extended credit facilities to the defendant/applicant/ appellant. When defendant/applicant defaulted in repayment of the facility despite repeated demands and warnings, the plaintiff/respondent sued him at the Commercial Division of the High Court. The writ of summons was served on defendant/applicant by substitution. Without filing an appearance, the defendant/applicant approached the plaintiff for settlement.
3. On 8th December 2011, the parties and their witnesses signed the Terms of Settlement. Incorporated in the Terms of…