MR. V. I. ANIGBATA & ORS V. CHIEF DAN M. OGBUEFI

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice Anambra State, Onitsha Judicial Division per Hon. Justice G. N. Mbanugo delivered on 22nd day of February, 2005.

The Respondent in this appeal was the plaintiff at the lower Court. He instituted an action against the defendants under the undefended list on 25th November, 2004 in Suit No. 0/613/2004. The claim of the plaintiff in the Suit against the defendants jointly and severally as supported by 14 paragraph affidavit are reproduced as follows:

(i) N3,700,000.00 (Three Million Seven Hundred Thousand Naira) being the sum of money the defendants collected from the plaintiff.

(ii) 15% (fifteen per centum) as interest on the said N3,700,000.00 (Three Million Seven Hundred Thousand Naira) from the 10th day of April 2003 till judgment is entered in this Suit.

(iii) 5% (five per centum) as interest on the judgment sum until the said judgment sum is entire…