A. O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): The claim that eventually led to this appeal was commenced by the plaintiff/respondent before the High Court of Lagos State in suit No. LD/1395/95. In that suit, the plaintiff/respondent's claim was for the sum of N7,100,000.00 (Seven Million, One Hundred Thousand Naira) being the value of a bank draft issued by the appellant in favour of the respondent on the 8th of February, 1995 as per First African Trust Bank cheque No. 40622-062150011 and which cheque was returned unpaid despite repeated demands. The respondent also claimed interest at the rate of 21% per annum from 8th February, 1995 to the date of judgment and 10% per annum thereafter until judgment debt is finally paid.
The writ of summons in respect of this claim was followed by a statement of claim. Thereafter, the respondent by a motion on notice applied to the trial court for leave to enter judgment against the appellant. That move was resisted by the appellant who …