PAUL ADAMU GALINJE, J.C.A.(Delivering the Leading Judgment): By an undated writ of summons, the Respondent herein who was the Plaintiff at the Lagos State High Court claimed against the Appellants jointly and severally the following reliefs:-
(a) The sum of N13,198,251.12 being the sum outstanding on the banking facility granted to the 1st Defendant as at 3rd December, 2003 and guaranteed by the 2nd Defendant which the Defendants have refused to pay despite repeated demands.
(b) Interest on the said sum at 27% per annum from 31st December, 2003 until payment.
(c) Cost of this suit.
This writ of summons was followed by a motion ex-parte filed on the 30th January, 2004 in which the Respondent applied that the suit be placed on the undefended list. On the 1st of March, 2004, the lower Court granted the motion ex-parte wherewith the following orders were made:-
That leave be and same is hereby granted to the Plaintiff/Applicant to issue a writ of summons as against the Defendants.
2. Tha…