JEGA JCA (Delivering the Lead Judgment): This appeal is against the judgment and ruling of the Kaduna State High Court of Justice delivered on 10th December, 2004 and 31st January, 2005 respectively by Abiriyi J. The facts of this case as can be gathered from the record of proceedings of the court are as follows: - By a writ of summons issued by the Kaduna State High Court of Justice and marked “undefended list”, the plaintiffthen now the respondent claimed from the defendant now appellant the sum ofN70,000.00, beingthe balance of the sum ofN200,000.00 received by the appellant on behalf of her brother, Mr. Dauda Thomas. The appellant despite service of the writ of summons and hearing notice(s) on her, did not file a notice of intention to defend the matter.
After judgment was entered for the respondent, the appellant through her counsel filed a motion dated 21/10/05 seeking an order settingaside the judgment of the trial court on the ground that the originatingprocesses were not ser…