CHUKWUMA-ENEH JCA (Delivering the Lead Judgment): This appeal emanates from the decision of the Akwa Ibom State High Court, sitting at Uyo (coram: Udoma J.) delivered on 26/2/2004 in favour of the plaintiff (respondent) in an action brought under the undefended list procedure to recover the sum of N1,400,000.00 (one million four hundred thousand naira). Aggrieved by the decision the defendant (i.e. appellant) has filed a notice of appeal on 1/3/2004 containing one ground - an omnibus ground. Later with the leave of this court granted on 20/4/2005, the appellant’s notice of appeal was amended. The grounds of appeal as per the amended notice of appeal has been increased to five grounds of appeal. The appellant in his brief of argument filed in this matter has therefrom raised four issues for determination and they are as follows:
“(a) Whether the suit of the respondent before the trial court was competent to cloak the trial court with jurisdiction to entertain same (amended ground fiv…