BULKACHUWA, JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Niger State High Court delivered on the 8th day of February, 1995. The respondent, who was the plaintiff before the trial court, initiated the action by a writ of summons under the
‘Undefended List’ whereby he was claiming the sum of N95,000.00 (Ninety-
Five Thousand Naira), being the balance payment on a sale agreement of a lorry and N5,000.00 (Five Thousand Naira) as general damages. On an application by the defendant, subsequently to be referred to as the appellant, the case was transferred to the General Cause List.
Paragraphs 3, 4, 5, 11, 12, 13, 14 and 18 of the respondent’s statement of claim set out his cause of action at the trial court. For ease of reference , they are produced below: “3. The plaintiff owned a Vehicle Mercedes Benz Lorry which he brought to Minna around August, 1993. 4. The defendant showed his interest in buying the said vehicle.5. Both the plaintiff and the defenda…