JOHN HOLT AND CO. (LIVERPOOL) LTD.
V.
HENRY FAJEMIROKUN

Lambo, J(reading the judgment) :-This is an action to recover a liquidated sum of £9,763-18s-4d and, upon an application under Order III, rule 9 the High Court (Civil Procedure) Rules, Cap. 211 of the 1948 Laws of Nigeria, for liberty to sign final Judgment for the amount endorsed on the writ. To the Affidavit in support of the claim is attached a Statement of Account. The period covered by the account is 8th October, 1958 to 30th November, 1960.

The defendant Henry Fajemirokun was duly served with the writ of summons and Affidavit and, on the 5th June, 1961, filed an Affidavit which is headed "Affidavit of Intention to Defend" in a purported attempt to comply with Order III, rule 11 which provides as follows:

If the party served with the writ of summons and Affidavit delivers to the Registrar, not less than five days before the day fixed for hearing, a notice in writing that he intends to defend the suit, together with an Affidavit setting out the grounds of his defence, then and in su…