M.S. MUNTAKA-COOMASSIE, J.S.C (Delivering the Leading Judgment): The Appellant, who was the plaintiff at the trial court at Nnewi High Court, brought this action under the undefended list procedure, wherein he claimed against the Respondent in a writ of summons dated 21st day of July, 1997 as follows:-
"(1) N930, 162.00 being debt owed the plaintiff by the defendant;
(2) 15% per month interest of the above sum till judgment is delivered.
(3) Thereafter 5% percent interest of the judgment debt till same is liquidated".
On the 25/9/97, the trial court granted an order for substituted service by pasting the writ of summons and other court processes on the defendant at his house at No. 1 Josephat Street, Onitsha Road, Nnewi, and the case was adjourned to 13/10/97 for hearing. The order for substituted service was effected on 7 /10/97 while the defendant filed his Notice of Intention to defend on the 10th day of October, 1997. On the 13/10/97 when the case came up for hearing it was furthe…