FREDERICK OZIAKPONO OHO, J.C.A.(Delivering the Leading Judgment): Present in this appeal are the legal principles to consider where a Notice to defend is filed and served by the Defendant in an action commenced under the Undefended List Procedure of Court. Prominent also is the ever recurrent question of when it can be said in the trial process that a given claim or action has disclosed a cause or reasonable cause of action.
The Respondent as Plaintiff at the Lower Court claimed against the Appellant as Defendant, the sum of Six Million (N6,000,000.00) Naira only being outstanding balance of payment in respect of a Plot or parcel of land situate and known as: CRD/ED1005 Lugbe 1 Layout bought from the Plaintiff by the Defendant in October, 2012.
The claim was brought under the Undefended List Procedure of Court and was supported by an affidavit of seven (7) paragraphs sworn to by one Alhaji Mohammed Kakuri, the representative of the Respondent. In support of the Respondents claim there…