M. BELLO, J.S.C. (Delivering the Leading Judgment): We allowed this appeal on 17th November, 1975. We set aside the order made by Atake J. on 1st September, 1972 striking out the application by way of Motion on Notice filed by the appellant/defendant on 19th July, 1972 seeking an order granting him extension of time within which to file his Statement of Defence (hereinafter referred to as the appellant's Motion). We also set aside the judgment in the sum of 1,000 and the order as to costs given to the respondent/plaintiff upon his Motion on Notice filed on 29th July, 1972 praying for judgment in default of defence (hereinafter referred to as the Respondent's Motion). We remitted the case to the High Court, Mid Western State, Warri, for rehearing of the appellant's and respondent's motions before a judge other than Atake, J.
The only issue for determination in this appeal is whether or not the appellant or his counsel was given notice of the date, to wit 1st September, 1972, on which h…