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ISTIFANUS THOMAS, J.C.A.: (Delivering the Leading Judgment): The appeal is against the decision of the High Court of Justice, delivered by M. Kobani, judge, on 22nd February, 2005, in which the plaintiff now respondent was granted the sum of N22,834,902.00 being the money paid by the plaintiff to the defendants, now appellants for petroleum products as per receipts numbers 30606639 of 20-4-04; 30608601 of 28-04-04; 30608600 of 28-4-04 and 3061108 of 07-09-04 which money the appellants had received but refused, failed, neglected and or ignored to deliver to the respondent in spite of repeated demands.
The brief fact of this case is that the respondent as plaintiff sued the appellants under the undefended list. The writ of Summons was for the sum of N22, 834,902 being the money paid for the petroleum products to the appellants as per the receipts listed above plus accrued interest at the rate of 21% from the date of first payment of 20-01-04 till judgment and interest on judgment debt a…