DAN ZARIA FADA DANJUMA ZARIA V. MAMMAN NAOMI MUSA MAIGEMU ABDULLAHI MOHAMMED SANI

SALAMI, JCA (Delivering the Lead Judgment): In the Kaduna State High Court of Justice, in the Kaduna Judicial Division, sitting in Kaduna, plaintiffs took out a writ of summons against the defendants claiming certain declaratory reliefs. Subsequently a statement of claim was, in furtherance of the prosecution of the action already initiated, filed. In paragraph 9 thereof, the declaratory reliefs sought in the writ of summons were jettisoned and substituted for a claim of special and general damages. The trial Judge pursuance (sic) of the statement of claim entered judgment against the defendants in default of their statement of defence with costs. The defendants unsuccessfully sought to set aside the judgment on various grounds including failure to tender and pay filing fees for the special and general damages sought in the statement of claim even though same was not endorsed, assessed and paid for in the writ of summons. The defendants are unhappy with the decision of the trial cou…