MOHAMMED L. TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Anambra State delivered on 25/4/2007 in suit No. A/358/2006.
On the undefended List action, commenced on 27/11/2006 from the State High Court of Anambra, sitting in Awka Judicial Division (herein referred to as the trial Court) the appellant (as defendant) was sued under the undefended list action by the respondent (as plaintiff) claiming as follows:
1. The sum of N301,815.36 (Three hundred and one thousand, Eight hundred and fifteen Naira Thirty six Kobo) being the balance of Money deposited with the appellant by the respondent as at 2003 excluding the accrued interest from 2004 till date, which money the appellant has refused to pay the respondent from 2000 till date.
2. Interest on the sum claimed at the rate of 5% monthly from September, 2004 till date and 5% interest monthly on the judgment debt till the judgment debt is liquidated.
From the record of the appea…