ITA G. MBABA J.C.A. (Delivering the Leading Judgment): This is an appeal against an interlocutory decision of Jigawa State High Court in Suit No. JDU/13/2009, delivered on 7/6/2010 by Hon. Justice MUKTAR ADAMU (HON. CHIEF JUDGE)
A brief facts of the case shows that Appellant (as plaintiff at the Court below) instituted the action on 5/11/2005 when he sought an order of the trial Court to issue a writ of Summons and place same on the Undefended list, for monetary claims against the Respondents. The application was subjected to several technical objections and was finally placed on the Undefended List. In the writ of Summons, Appellant claimed for the sum of two million, four hundred thousand Naira (N2,400,000.00) being the balance of two million Six hundred thousand (N2,600,000.00) of two plots sold by the Respondents without his (Appellant) consent and permission. Appellant filed the writ together with an application for the money judgment pursuant to Order 11 Rule 1 of the Jigawa Sta…