KATSINA-ALU, JSC (Delivering the Judgment): This appeal by the plaintiff Societe Generale Bank (Nig.) Limited is from a decision of the Court of Appeal, Kaduna Division given on 20 April, 1998. The plaintiff’s claim against the defendant was for the sum of N66,216.01 being the outstanding balance of overdraft facilities and loan granted to the defendant on 24 May, 1982. The amount fell due but the defendant had failed, refused and/or neglected to pay despite repeated demands. The plaintiff further claimed compound interest at the rate of 28% from 30 January, 1993 to date of judgment and thereafter interest at the rate of 15% until the entire debt was liquidated. The plaintiff brought this action under the undefended list pursuant to Order 22, rules 1 and 28 of the High Court Civil Procedure Rules of Kaduna State for recovery of the money. These proceedings were stalled owing to difficulties of service.
On 26 November, 1993 the plaintiff brought a motion ex parte for the following o…