ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Kano State High Court delivered on the 27th April, 2005 by M.S Mato J.
The Respondent was the Plaintiff at the lower Court, while the Appellant was the Defendant.
The Respondent commenced the action giving rise to this appeal under the undefended list procedure brought pursuant to Order 23 Rules 1 of the Kano State High Court (Civil procedure) Rules 1988. Where in he claims as per the statement of claim dated 3rd November, 2004 against the Appellant as follows;
a. The sum of N4,018,063.99k (Four Million Eighteen Thousand, Sixty Three Naira and Ninety Nine Kobo) and
b. Cost of this Action.
The Appellant at the trial Court was granted leave to file a notice of intention to defend the action, wherein he contended that he never applied for an overdraft facility whether secured or otherwise and was never granted such either directly or by way of an overdrawn account. The lower Court on 26th Ju…