ALHAJI AUWALU ETOKHANA V. PROGRESS BANK OF NIGERIA PLC.

MOHAMMED, J.C.A. (Delivering the Leading Judgment): By a writ of summons issued on 18/10/90 under the undefended list procedure which was, later transferred to the Ordinary Cause, the respondent in this appeal as plaintiff instituted an action before the High Court of Justice Kano State at Kano and in the statement of claim, claimed the sum of N557,483,65 and interest at the rate of 35.5% from 30th August 1990 until judgment and thereafter interest at the rate of 10% until the judgment is liquidated against the appellant and one other as defendants, The amount claimed in the action was loan to overdraft facilities granted to the defendants by the plaintiff. Before the undefended suit came up for hearing, the defendants duly filed their notice of intention to defend the suit and the suit was consequently transferred to the Ordinary Cause List for hearing and pleadings ordered on 19/4/91. After suffering a number of adjournments, the case ultimately came before Abdu Aboki J., for hearin…