ASABA TEXTILE MILL PLC V. BONA V. TEXTILE LTD. & ANOR.

ALAGOA, J.C.A. (Delivering the Leading Judgment): The Appellant as plaintiff filed this suit at the High Court Registry Asaba, Delta State on the 31st October 2003 under the undefended list claiming against the respondents as defendants the following -

(a) The sum of five million five hundred and sixty two thousand, eight hundred and seventy-five naira, seventy two kobo (N5,562,875.72) being the defendants indebtedness to the plaintiff which sum the defendants refused to refund despite repeated demands.

(b) Interest on the said N5,562,875.72 at the rate of 20% until the entire sum is liquidated.

The respondents then filed a Notice of intention to Defend the suit supported by a twenty six paragraph affidavit to which were annexed some exhibits. The learned trial Judge, Okpu. J after hearing arguments of counsel on both sides removed the suit from the undefended list and had same transferred to the general cause list for hearing and determination.

The appellant by a motion on notice dat…