NWALI, SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Obi J. of the High Court of Justice, Obudu Judicial Division of the Cross River State High Court. The Judgment was delivered on 5th day of April 2004.
The originating process was a writ of summons marked "undefended list" Endorsed on the writ of summons are the following claims made by the Respondent (as plaintiff) against the appellant (then defendant):
"1. The sum of N500,000.00 (five hundred thousand naira) being money borrowed by the Defendant from the plaintiff on the 11th day of October, 1996.
2. N20,000.00 (Twenty thousand naira) being solicitors fees incurred in maintaining this suit.
3. 10% interest on the Judgment sum till the sum is fully liquidated."
The writ of summons served on the defendant (now appellant) commanded the defendant now appellant thus:
"You are hereby commanded that within eight (8) days after the service of this writ on you, inclusive of the day of…