NGWUTA, J.C.A. (Delivering the Leading Judgment): This appeal arose out of an attempt to recover the sum of ₦600.000.00 allegedly won at pools betting. The appellant (then plaintiff) invested in Nos. 24.26 and 35 on the respondents' (the defendants) coupon paper N0316952 of 20/3/04 in the week 34 match of 20/3/04 and won the sum ₦600.000.00.
The respondents would not pay the appellant's alleged winning, whereupon the appellant instituted an action in the High Court of Justice. Cross River State, Calabar Judicial Division, claiming against the respondents jointly and severally as follows:
"1. An order that the defendants pay to the plaintiff the sum of ₦600.000.00 due to the plaintiff forthwith.
2. Interest on the ₦600,000.00 from April 2004 at the rate of 21% per month to the date of judgment and thereafter at the rate of 10% per month till the debt is liquidated"
On 10/1/05, the learned trial Judge, Ita, J. denied the appellant's motion to place the matter under the undefended list a…