ALHAJI SULE HARUNA TAHIR ALSULTAHIR CO. NIG. LTD. V. BANK OF THE NORTH LIMITED

BA’ABA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Kano State High Court, holden at the Kano Judicial Division, delivered on 30/7/01 in suit No. K/324/2001 filed by the appellants who were the defendants at the trial court. The respondent was the plaintiff before the trial court where it commenced an action against the appellants by an endorsed writ of summons dated 18/5/01 brought under A the undefended list procedure pursuant to Order 23 of the Kano State High Court (Civil Procedure) Rules, 1987. The respondent’s claim contained at page 2 of the printed record reads: “The plaintiff’s claim against the defendants jointly and severally is for the sum of N43,276,507.31 (forty-three million, twohundred and seventy-six thousand, five hundred and seven naira, thirty-one kobo) being the amount due and outstanding against the defendants as at 30th March,2001 on the overdraft and produce loan credit facilities obtained and utilized by the defendants wh…