ALHAJI ABUBAKAR ISA V. ALHAJI SANI ADAMU TRADER

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The Appellant herein was the defendant in suit No. K/462/2011 at the High Court of justice, Kano State of Nigeria in which the Respondent as plaintiff had claimed through the writ of summons dated 17th October, 2011 the following reliefs;

1. ₦17,000,000.00 (Seventeen Million Naira only).

2. ₦380,000.00 (Three Hundred and eighty thousand Naira only) being agreed 2% interest for every 30 days due to the plaintiff from 5th December, 2010 till date of Judgment.

3. 10% interest at the Court rate from the date of Judgment until final liquidation of the Judgment sum.

4. Cost of instituting and prosecuting the action.

Upon the application of the plaintiff the writ of summons was placed for hearing under the undefended list and after hearing arguments from the parties the learned trial judge refused to transfer the suit to general cause list. In the Ruling of that Court delivered on 14th February, 2012, the defendant was ordered to pay…