KEKERE-EKUN JCA (Delivering the Lead Judgment): This is anappeal against the judgment of the Kaduna State High Court delivered on 13th November, 2003 in favour of the respondents. The facts giving rise to this appeal as can be gathered from the printed record are as follows: the respondents were plaintiffsat the High Court and had instituted a suit against the appellants, as defendants under the undefended list procedure. The claim as endorsed on the writ of summons at page 2 of the record of proceedings was for: “The sum of N275,000.00 (two hundred and seventy-five thousand naira only) being the outstanding balance for a revolving short term interest free friendly loan which the plaintiffs granted to the defendants since the 10th day of June, 2002 and which the defendants have failed and/or neglected to pay despite repeated demands. 2. 10% interest from the date of judgment until the entire debt is fully liquidated.”
Pursuant to an order of the court made on 29/10/03, the respondent…