CLETUS I. ILOMUANYA V. LOBI BANK OF NIGERIA LIMITED

MUSDAPHER, J.C.A. (Delivering the Leading Judgment): In the High Court of Lagos State of Nigeria holden at Ikeja and in Suit No. ID/560/88, the respondent herein took out a specially endorsed writ accompanied with a Statement of claim against the appellant as the defendant in the following terms:-

"The plaintiffs claim against the defendant is for the sum of N95,927.02 being overdraft granted to the defendant by the plaintiff at defendant's request; and also interest at 17% per annum from 24th of July, 1987 till judgment, and at 6% per annum with effect from the date of judgment until the whole debt is fully liquidated."

The appellant entered appearance after which the respondents filed summons for judgment in accordance with the procedure set out under Order 10 of the High Court of Lagos State Civil Procedure Rules 1972. The appellant made an affidavit purportedly showing cause why summary judgment should not be entered. The summons for judgment filed on the 7th day of June 1988 was …