ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of the trial High Court of the Federal Capital Territory, Abuja delivered on the 29th of November, 2007. The plaintiff, who is the respondent in this appeal, took out a writ on the Undefended List, claiming the sum of N21,625,000.00 removed by the defendant/appellant, from his account without his authorization, and 10% interest on the judgment sum until liquidation. The Suit was fixed for hearing on the 29/11/07.
On the hearing date, the defendant/appellant had not filed a Notice of Intention to defend. Its counsel, Mr. Mathew Echo appeared in court, apologized and prayed for an adjournment to regularize the position, as he was briefed only two days earlier. Counsel for the plaintiff/respondent objected to the application for adjournment as the defendant had been served with the processes ten days earlier and had not responded. The trial court was satisfied with the submission of th…