KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State High Court NO.3 in Suit No. K/106/2003 delivered on 15/1/04.
The appellant, as plaintiff at the trial court took out a writ of summons on 7/2/2003 against the 1st and 2nd defendants who are the 1st and 2nd respondents in this appeal, claiming the following reliefs:
1. "The sum of N2, 533, 343.00 being the amount outstanding for hydraulic machines and accessories sold to the Defendant by the Plaintiff from 04/10/2000 to 08/01/2001; the Plaintiff has made several and repeated demands for the said balance but the Defendant has so far failed, neglected or refused to pay same.
2. Costs and interest at the rate of 10% p.a. on the said balance from the day judgment is delivered until the judgment debt is fully paid."
The suit was entered on the Undefended List. Along with the writ of summons, the plaintiff filed an ex-parte application and a motion on n…