4 accompanying the notice of intention to defend had disclosed a defence on the merit and also a satisfactory explanation concerning his neglect to file his defence within time. See G. M. O. N. & S. Co. Ltd v. Akpata (supra) at pp. 476 – 477. In the instant case, the affidavit did not give any such explanation and no reasonable defence is deposed. The depositions contained in paragraphs 9, 10 and 11 of the Plaintiff’s affidavit is not contested. The depositions in paragraph 11 (t) (ii) in the defendant’s affidavit does not change the claim of the Plaintiff to justify transfer of the matter to the general cause list as no deposition was made as to how that was done. The claim therefore stands. Either way, I find the action as undefended and the Plaintiff is entitled to judgment. Accordingly, and for all the reasons advanced I now enter judgment for the Plaintiff for the sum of N3,100,000.00 being the total outstanding part payment made to the defendant pursuant to a memorandum of understanding dated 22nd day of June, 2012. The claim for interest is refused. Mr. Agunzi - We appreciate the reasoning of the court. Mr. Agwu - I appreciate the reasoning of the court. SGD JUDGE 19th February, 2013