The appellant, as claimant had sued the present respondents as defendants, jointly and severally in the High Court, Ahoada, Rivers State, for:

The action as filed was meant for the “undefended list”, and the claimant’s writ of summons was accompanied by an affidavit which set out, inter alia, the facts of the case and stated that the money had still not been paid, and that the defendants have no defense whatsoever to the action.

The writ of summons was issued on 17 February 2010, and by an ex-parte application, the claimant was granted leave to enter this suit under the undefended list procedure. The return date was fixed for 1 March 2010. After service was effected on the defendants, they filed a notice of intention to defend and an affidavit disclosing a defense on the merit.

After hearing and dismissing motions, examining the affidavit in support and the affidavit disclosing a defense on the merit, and hearing submissions of counsel, the learned trial judge delivered a considered judgment on 12 December 2011, wherein he entered judgment in favor of the claimant in these words:

“The defendants have not shown a triable issue to warrant this court transfer, this suit to the general cause list. All what the defendants have succeeded to do is to delay this suit which was filed since 17 February 2010. It is therefore my humble opinion that there is no triable issue disclosed by the defendants in their affidavit in support of the notice of intention to defend this suit, to enable this court to transfer it to the general cause list for hearing on pleadings. I hereby give judgment in favor of the claimant.

The defendants are hereby ordered to pay to the claimant, the debt of N120,000,000. 00 which is a liquidated amount owed to the claimant for the 30,000tons of stone base materials owned by the claimant which the defendants carried away from where the claimant kept same.”

Dissatisfied, the defendants appealed to the Court of Appeal, Port Harcourt Division. In a considered judgment delivered on 26May, 2015, that court set aside the judgment of the trial court. This is what the court said:

“Accordingly, this appeal is hereby allowed and the decision of the lower court refusing leave to the appellants’ to defend the suit is hereby set aside. Further, the judgment of the lower court entered in favor of the respondent under the undefended list is hereby set aside. Leave is hereby granted to the appellants to defend the suit. The said suit is hereby transferred to the general cause list for hearing. Consequently, suit No.AHC/11/2010 between the parties is hereby remitted to the Chief Judge of Rivers State for re-assignment to another judge of the Court for pleadings and trial in the general cause list. There shall be N80,000.00 costs to the appellants against the respondent.”

The claimant was dissatisfied with the judgment of the Court of Appeal, which set aside the judgment of the trial court given in his favor, and so he has filed an appeal to this court. This appeal is against the judgment of the Court of Appeal.