EURO - BATI CONCEPT S. A. V. TROPICAL INDUSTRIAL COMPANY LIMITED CHIEF A. E. TORRY

MOHAMMED, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Wada Rano J. of the High Court of Justice of Kano State at Kano delivered on 9/7/98. The proceedings leading to this judgment were commenced on 28/4/98 under Order 23 rules 1 - 5 of the Kano State High Court (Civil Procedure) Rules, 1988, when the appellant as the plaintiff filed its claim by a writ of summons under the undefended list against the respondents as defendants and claimed the following reliefs:- “The plaintiff’s claim against the defendant is for the sum of USD29,471.60 being balance of money due to the plaintiffs for roofing sheets supplied to the defendants or, credit by the plaintiffs since November, 1996 and which the defendants have refused to pay for inspite of series of demand on them to do so. Principal amount due to the plaintiff is USD24,521.60 plus 15% interest due to the plaintiff on the principal amount since 31st December, 1996 to 10th February, 1998 amounting to USD 4,…