OBANDE F. OGBUINYA, J.C.A. (Delivering the Leading Judgment): In the High Court of Kano State, presided over by Hon. Justice W.A. Umar Rano, the appellant bank filed a specially endorsed Writ of Summons, in suit No. K/389/2001, on 15/06/2001. On the said Writ of Summons, the appellant endorsed its claims for declarations, order and injunction against the respondent. See page 3 of the record.
On being served with the appellant's writ, the respondent entered appearance on 06/07/2001, See page 105 of the record.
Subsequently, respondent filed a statement of defence containing a counter-claim on 22/01/2002 as contained on pages 86 -89 of the record.
Before the lower Court, the matter came up for mention, on 16/06/2003. On that day, the appellant and its counsel were absent. The respondent's counsel prayed the court below to strike out the matter and applied for a date to prove the respondent's counter-claim. The learned trial Judge granted the double-barrelled application and ruled: "Th…