OPENE, J.C.A. (Delivering the Leading Judgment): In an action filed by the appellant as plaintiff at the High Court of Cross-River State holden at Calabar, the appellant claimed against the defendant/respondent as follows;
"i. The sum of N130,000.00 (one hundred and thirty thousand Naira) only being the balance of N630,000.00 (Six hundred and thirty thousand Naira) only, which the Defendant bought the plaintiff's 55KVA RA Lister Generator; which the defendant has bluntly refused to liquidate inspite of repeated demands.
ii. A 10% interest on the said N130,000.00 from the day judgment is delivered in the suit until final liquidation of the judgment sum.
iii. The sum of N5,000.00 (Five thousand Naira) only being out of pocket expenses."
In accordance with the provisions of Order 23 Rule 1 of the Cross-River State High Court (Civil Procedure) Rules 1987, the appellant also filed an affidavit seeking leave of the court to place the suit under the Undefended list and the "Writ of Summons"…