MOHAMMED LAWAL GARBA, J.C.A:(Delivering the Leading Judgment) This is an appeal against the decision of the High Court of Akwa Ibom State contained in the judgment delivered on the 11/7/07 in suit No. HC/UND/192/2007 filed by the Respondent herein against the Appellant. The writ of summons was issued, marked and entered under the undefended list pursuant to the Rules of the High Court. In the affidavit in support of the application to issue the writ of summons under the undefended list, the Respondent had personally deposed as follows in paragraphs 3 - 10:-
1. That I am the plaintiff/Applicant in this suit.
2. That by virtue of the above position I am conversant with the facts deposed herein.
3. That the Defendant/Respondent sought for financial assistance for a friendly loan from me and I agreed to lend to him the sum of N2,450,000.00 (Two Million, Four Hundred and Fifty Thousand Naira) on the 10th August 2006. A copy of the agreement dated 10th August 2006 evidencing the loan is at…