MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision/Ruling of Hon. Justice O.A. Ogar sitting in the Calabar Division of the High Court of Cross River State delivered on 28/4/2016.
The Respondent who was the claimant in the Court below filed a writ of summons on 9/11/2015 and on the same day brought a motion ex parte praying that the matter be placed, heard and determined under the undefended list. The claim of the Respondent against the Appellant Defendant as endorsed in the writ of summons of 9/11/2015 is as follows:
a) A declaration that the claimant is entitled to the sum of N2,953,000.00 [Two million, Nine Hundred and Fifty Three Thousand Naira] only being unpaid debt owned the claimant for a transaction of a parcel of land.
b) 10% interest of judgment sum.
On 23/11/2015, the learned trial judge granted leave to issue a writ of summons as per the attached writ for hearing on the undefended list. That the writ so issue shall be …