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W.S. ONNOGHEN, J.S.C: (Delivering the Leading Judgment): This is an appeal against the judgment of the court of Appeal, Holden at Kaduna in appeal No. CA/K/93/2001 delivered on the 14th day of April, 2003 in which the court allowed the appeal of the present respondent against the judgment of the High Court of Kano State in suit No, K/849/99 delivered on the 19th day of July, 2000 dismissing the case of the plaintiff/respondent herein.
The suit started by way of an Undefended List procedure in which the original plaintiff, TRADE BANK PLC claimed the sum of one hundred and seventy-one million, four hundred and fifty-two thousand, six hundred and forty-nine Naira and fifty-two kobo (N171,452,649.52) being the debt owed by Rasha Enterprises Ltd to it and guaranteed by the appellant. Following the filing of the necessary processes, the suit was, by order of court, transferred from the Undefended List to the General Cause List to be dealt with accordingly. Pleadings were consequently filed …