MUHAMMAD, JCA: (Delivering the Lead Judgment): The appellant as plaintiff at the High Court of the Federal Capital Territory, Abuja (lower court) applied for a writ of summons to issue against the respondent as defendant, under the undefended list procedure. The claim endorsed is as follows:
“The plaintiffs claim against the defendant jointly and severally is for: - 1. The sum of N3,144,678.15 being balance of money due to the plaintiff from the defendant 2. Interest at the rate of 10% from the date of judgment until the entire sum is liquidated”.
The claim was supported by an affidavit of 15 paragraphs and a 17 paragraphs further affidavit in support of the claim. The plaintiffs sought , through a motion ex parte, that the suit be placed in the undefended list , leave to serve the writ on the defendants outside jurisdiction of the court and for leave to effect service of all the processes in the suit on the defendants by substituted means. Orders were granted by the lower court as …