JUDGMENT
GBADEGBE JA
Delivered the judgment of the court. On the 7 November 1997 the plaintiff-respondent (hereafter referred to as the plaintiff) caused a writ of civil summons to issue against the defendant-appellant (hereafter referred to as the defendant), claiming the refund of the sum of DM 102,589.92 from the defendant, together with interest thereon, The said writ was accompanied by a statement of claim and the defendant, upon service on them, entered an appearance on 9 December 1997 with their defence to the action being entered on 9 January 1996. On 16 February 1998, the plaintiff applied by way of notice of motion under Order 14 of the High Court (Civil Procedure Rules), 1954 (LN 140A) as amended by the High Court (Civil Procedure) (Amendment) Rules, 1977 (LI 1129) for summary judgment; the said process, however, was withdrawn by a notice filed in the registry on 27 February 1998.
Subsequently, on the same 27 February 1998, the plaintiff filed a fresh application under Order 1…