NARINDEX TRUST LIMITED & ANOR V. NIGERIAN INTER-CONTINENTAL MERCHANT BANK LIMITED

KALGO J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Kaduna, delivered on the 6th day of January 1996. The case was earlier tried in the Kano State High Court (hereinafter referred to as the trial Court) by Abdullahi J, who delivered his judgment on the 6th day of May 1995.

The action was originally filed in the trial Court on the undefended list pursuant to the provisions of Order 23, rule 1 of the Kano State High Court (Civil Procedure) Rules, 1998. The appellants as defendants at the trial, filed a notice of intention to defend the action and applied to the trial Court to transfer the case to the general cause list. The learned trial Judge heard arguments of counsel on the application and in a ruling delivered on 18th January 1994, transferred the case to the general cause list. Thereafter learned Counsel for the appellants also applied for an order of pleadings by the parties but the learned trial Judge overruled him and or…