Facts:

The respondent issued a writ of summons against the appellant and the suit entered under the undefended list procedure pursuant to the provisions of order 23 of the Rivers State High Court (Civil Procedure) Rules, 1987. In accordance with the above rules, the appellant filed a notice of intention to defend the case accompanied by an affidavit to which was annexed an exhibit. On the return date for the writ of summons, the trial court took arguments on whether the appellant’s affidavit disclosed a defence on the merits to warrant the grant of leave to defend the action and the transfer of the case to the general cause list for determination.

In a ruling on the issue, the trial court decided that the appellant’s affidavit accompanying its notice of intention to defend did not disclose a defence on the merit and so entered judgment in favour of the respondent. Not satisfied with the judgment, the appellant appealed to the Court of Appeal, where the ruling of the lower court was unanimously upheld and the appeal dismissed.