<p>OYEBISI F. OMOLEYE, JCA (Delivering the leading : ): This is an appeal against the judgment of U. M. Kusherki J. of the High Court of the Federal Capital Territory, sitting in Abuja, delivered on 1/3/2001.</p><p> The trial court duly granted the Respondent leave to issue against the Appellants, a Writ of Summons pursuant to Order 23 of the High Court of the FCT, Abuja (Civil Procedure Rules) 1990 claiming the sum of Seventy-five Million Naira (N75, 000, 000=) being an outstanding debt owed the Respondent for a contract job done for the Appellants in respect of which a payment certificate was alleged to have been issued by the Appellants to the Respondent.</p><p> The Respondent in addition claimed 21% interest of the said unpaid debt from the date the payment certificate was issued until judgment is delivered in the case and 10% interest until the final liquidation of the debt.</p><p> The Appellants' grievance is that the Writ of Summons served on them was not marked "Undefended List" but it only dir…</p>