THE HONOURABLE COMMISSIONER FOR JUSTICE ZAMFARA STATE & ORS V. AGBAMA TECHNICAL COMPANY LIMITED

FREDERICK OZIAKPONO OHO, JCA (DELIVERING THE LEADING JUDGMENT): This Appeal is against the decision of the Zamfara State High Court, Coram BELLO ALIYU GUSAU, J. of Gusau Judicial Division, delivered on the 18-10-2011 wherein the Lower Trial Court entered judgment against the Appellants jointly in favour of the Respondent in the sum of N32,162,067.00 plus 10% interest on the same sum of N32,162,067.00 from the day the judgment was delivered until the judgment sum is finally liquidated.

On the 6-7-2011 the Respondent commenced Suit No: ZMS/GS/47/2011 against the Appellants as Defendants under the Undefended List Procedure, wherein the Writ of Summons was filed together with a supporting affidavit stating that the Appellants have no defence to the action. See page 1-6 of the Records of Appeal. The Appellants were thus sued jointly and severally as Defendants thus;

1. The sum of N32,162,067.00 (thirty two million, one hundred and sixty-two thousand, sixty- seven Naira) only; as sum due and …