AUBERGINE COLLECTIONS LTD. & ANOR.
V.
HABIB NIGERIA BANK LTD.
·
MUSDAPHER, J.C.A. (Delivering the Leading Judgment): The respondent herein by a writ of summons filed against the appellants as the defendants in the High Court of the Federal Capital Territory Abuja claimed as follows:
"(a) The sum of N1,845,073.40 (One Million Eight Hundred and Forty Five Thousand and Seventy Three naira, forty kobo) being the total outstanding debt owed the plaintiff by the defendants on an overdraft facility of N1,250,000.00 granted them with accruing interest and agreed bank fees.
(b) 10% interest per annum on the judgment debts from the date of judgment until final liquidation.
(c) Cost of the action."
On an application by the plaintiff the matter was placed on the undefended list. The writ of summons was served on the defendants on the 9th of February, 2000 and was returnable on the 17th of February.
The defendants were out of time in filing the notice of intention to defend as specified under the provisions of Order 23 rule 3 of the High Court of the Federa…