AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellant, a statutory body established to give loans to unemployed Graduate Youths, was granted leave by the High Court, Ibadan, Oyo State to file an action under the undefended list against the Respondents, wherein it claimed N12,403.66, being balance of the loan granted to the 1st Respondent and guaranteed by her husband, the 2nd Respondent and the 3rd Respondent, and interest on the sum at the rate of 9% per annum from January 1996.
The Respondents filed their Notice of Intention to Defend supported by a 12 paragraph Affidavit and a Further Affidavit of 6-paragraphs, to which was attached as Exhibit "AO1" - a Consent Judgment dated 24th January 1996, which the Appellant had obtained in an earlier action under the undefended list against the 1st Respondent and two other Defendants in Suit No. 1/596/95.
They later filed a Motion on Notice praying the lower Court for "an order dismissing/striking out the - suit for abuse of the pr…