T. O. AWOTOYE, JCA (Delivering the Leading judgment): This is the judgment in respect of the appeal lodged by the appellants who were the defendants at the trial court.
The plaintiff had filed a writ of summon claiming against the defendants jointly and severally "the sum of N6,100,000.00 representing the capital and interest of the loan to the 1st defendant through the 2nd defendant and for the agreed interest of 30% per month on the capital of N1000,000.00 to continue from October 1993 until judgment is obtained by the plaintiff."
The writ of summons and affidavit in support pursuant to Order 23 Rule 1 of the High Court Rules along with other processes were ordered to be served on the defendants with leave of court by substitution by posting on 21/2/94.
On 18/4/94, the trial judge entered judgment in favour of the plaintiffs as follows:-
"JUDGMENT
There is a claim brought under Order 23 Rules 1 of the rules of high Court on the Undefended list.
It is a claim for the sum of N6,1000,…