BIWATER SHEELABEAR LTD
V.
FRANK MAC & BOBBY ASS

MUSDAP HER, J.C.A: (Delivering the Leading Judgment) This is an interlocutory appeal against the Ruling of Ahmed Bima J, Niger State High Court in suit No. NSIIC/SD/N0.2m/33/97 delivered on the 18th of November, 1997. The plaintiff therein filed an action under the undefended list procedure against the defendant claiming the following:- “1. The plaintiff’s claim against the defendant is for the sum of One million, six hundred and seventeen thousand, three hundred and forty seven naira (N1,617,347.00) as money due to plaintiff in respect of various items supplied to defendant by the plaintiff and which said sum the plaintiff have refused to pay.

The plaintiff also claim interest on the said sum of Nl,617,340.00 at the rateof 21% per annum commencing from the 14th day of August 1994, till judgment is delivered and thereafter at the same rate until the entire debt is liquidated.” The writ of summons accompanied byan affidavit of 23 paragraphs deposed to byMr. Frank Umeh, the plaintiff’s…