ALHAJI ABDUL YAHAYA BAWA V. SHELEBA PHENIAS

TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling/decision of Dakyen J. sitting at Plateau State High Court, holden at Jos dated 24th June, 2002.

The respondent as plaintiff instituted an action against the dependent/appellant. The claim was for:

1. The sum of N270,000.00 (Two hundred and Seventy thousand Naira only) being money outstanding in favour of plaintiff from the proceeds of the sale of the plaintiff's vehicle.

2. 21% interest per-annum from June, 2001, till judgment and thereafter 10% interest till the whole sum is liquidated.

3. Cost of this action.

The particulars of claim together with the affidavit in support were placed on the undefended list pursuant, to Order 23 of the Plateau State High Court (Civil Procedure) Rules, 1987. The facts relied on are set out in the affidavit in support of the claim together with exhibits attached thereto, i.e. exhibits 'A' and 'A1'.

On being served with the plaintiff's claim, the defendant filed a n…