MOHAMMED, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 27/3/91 filed at the High Court of Justice Kano State at Kano, the 1st respondent as plaintiff claimed against the appellants who were 1st and 2nd defendants respectively the sum of N142,290.00 being the outstanding balance of a short term loan advanced to the 1st appellant. However, before the undefended suit could come up for hearing on the return date, the appellants had filed their notice of intention to defend the action which necessitated the action being transferred to the ordinary cause list for hearing.
Consequent upon this development, pleadings were dully filed and exchanged between the parties. Before the case proceeded to hearing on the merits, learned counsel to the plaintiff filed a motion on notice pursuant to ORDER 30 RULE 3 OF THE KANO STATE HIGH COURT (CIVIL PROCEDURE) RULES, 1988 asking for judgment in the sum of N63,168.00 said to have been admitted by the defendants in their joint stat…