Maurice Ebong V. Francis S. Ikpe (2001)

LawGlobal-Hub Lead Judgment Report

EKPE, J.C.A. 

The respondent in this appeal was the plaintiff in the Uyo High Court of Akwa Ibom State in suit No. HU/UND.306/98, the subject-matter of the appeal. He had sued the defendant now appellant claiming in the writ of summons as follows:

“The plaintiff claims against the defendant the sum of N400,000.00 (Four hundred thousand naira) being sums (sic) owed the plaintiff by the defendant as at June 2, 1996 with interest thereon at 21% per annum from 25th June, 1996 till judgment, thereafter at 10% until final liquidation thereof.”

The respondent swore to an affidavit in support of the claim and the suit was on the application of the respondent placed under the undefended list for hearing. Upon service of the writ of summons on the appellant together with the accompanying affidavit of the respondent, the appellant filed notice of intention to defend the suit together with an affidavit disclosing his defence on the merit with exhibits 1 to 4.

In the ruling that was delivered on the 14th of December, 1998 as to whether the suit should be heard on the undefended list or not, U. E. Essang, J., the learned trial Judge at page 26 of the record of appeal stated as follows:

“The result is that this case still remains on the undefended list. The notice of intention to defend together with the accompanying affidavit are hereby struck out in the hope that this will deter debtors from employing different guiles in postponing the meeting of their lawful obligations to their creditors and in the process exploit the rules of court and erode public confidence in the judicial system.

I hereby enter judgment in favour of the plaintiff in the sum of N400,000.00 being sums (sic) owed the plaintiff by the defendant.

Plaintiff not being a registered money lender is not entitled to interest on the sum of N400,000.00.”

(Italics mine for emphasis).

The defendant/appellant being dissatisfied with the ruling of the learned trial Judge has filed an appeal in this court on four grounds of appeal with their particulars to wit:

“Grounds of appeal”

Ground 1

The learned trial Judge erred in law in striking out the notice of intention to defend the suit filed by the defendant and the affidavit in support of the notice without any legal justification.

Particular