<p><strong>EDOZIE, JSC</strong> (Delivering the Leading Judgment): By a writ of summons filed on 4th May, 1988 in suit No. KD4/KAD/257/98 at the Kaduna State High Court, the respondent as plaintiff sued the defendant/appellant, Ataguba and Company being the business name of Mr. E. E. Ataguba a legal practitioner of No. 27, Ali Akilu Road, Kaduna. The claim was for the sum of N750,000.00 (seven hundred and fifty thousand naira only) with interest at the rate of 21 % from 11th May, 1995 till the date of judgment and thereafter at the rate of 10% until the judgment sum is liquidated. The principal sum claimed represents the amount paid by the respondent to the appellant as the purchase price of a DAF truck with registration No. KD 144 SR which vehicle was later retrieved from the respondent upon the sale being set aside by the court pursuant to an interpleader proceedings. The suit was filed under the &quot;undefended list&quot; procedure and was supported by an affidavit of nine paragraphs (with two exhibits) sworn …</p>