MRS UCHE UBA V. EDMACK NIG LTD

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): At the High Court of justice, Kano State ("the lower court" for short), the respondent therein as plaintiff, commenced an action against one Samuel Uba as defendant, who died during the pungency of this appeal and was subsequently substituted by his wife Mrs. Uche Uba who now becomes the present appellant.

The reliefs claimed are stated hereinafter. They include as follows:-

"WHEREOF THE PLAINTIFF'S claims against the defendant is as follows;

1. The sum of N6,985,000 being the outstanding balance from the cost of Jincheng motor cycles purchased by the defendant from the plaintiff.

2. 10%of court rate (sic) from date of judgment until the whole judgment is liquidated.

3. Cost of the action.

The lower court after hearing the suit filed under the undefended List Procedure, found in favour of the plaintiff/respondent, when in its considered judgment delivered on 16th day of March, 2004 it held as follows:-

"The application to transfe…