TIJJANI ABDULLAHI, J.C.A, (Delivering the Leading Judgment): On the 12th January, 2009, at the Kwara State High Court of Justice, Ilorin, the Plaintiff/Respondent filed a writ of summons on the undefended list procedure for and on behalf of himself and Fossil Petroleum Nigeria claiming the under listed reliefs against the defendants/appellants. The writ of summons reads thus:
"The claimant's claim against the defendant(s) jointly and or severally is for:
1. The sum of N1,320,000.00 (One Million, Three Hundred And Twenty Thousand Naira) only.
2. The cost of this suit.
3. 10% interest per annum on the judgment sum from the date of judgment till judgment is finally liquidated."
The facts of the case briefly stated are that: During the course of hearing, the claimant/Respondent sought the leave of the trial Court to join Fossil Petroleum Nigeria Ltd. as co-claimant in the suit which the defendant did not oppose (see page 49 of the record).
The defendants /appellants filed a notice of pre…