ALHAJI AUDU MAIGORO V. ALHAJI MOHAMMED BASHIR & DEPUTY SHERIFF, KANO STATE HIGH COURT

OBADINA, JCA (Read the Lead Judgment): This is an appeal against the decision of the Kano State High Court delivered on the 16th of March, 1998, in favour of the 1st respondent, Alhaji Mohammed Bashir, in an Interpleader proceedings, in suit No. K/657/97.

The 1st respondent herein was the Plaintiff in the Original Suit. In the case, he instituted the action against one Alhaji Maisaje on the Undefended List, claiming as follows:-

“The Plaintiff claims against the defendant as follows:-

(1) Debt:- The sum of N3,475,000.00 (three Million four hundred and Seventy-five thousand naira) being money borrowed from the plaintiff by the Defendant to enable the defendant transact a business.

(2) 20% Court interest on the total sum being claimed, from the date of judgment until the final liquidation of the whole judgment sum. (3) Cost of this Suit.’ The action was instituted on the Undefended List.

The Original defendant, in the Suit, Alhaji Mohammed Maisaje, (herein after referred to as the judgment…