UMOREN, JCA (Delivering the Lead Judgment): By a writ of summons dated 9th June, 1999, the plaintiff/respondent claimed from the defendant/appellant on the undefended list as follows:
“1. The plaintiff claims against the defendants jointly and severally the sum of ₦2.8m (two million, eight hundred thousand naira) only being the balance of outstanding debt against the defendants, interest accruing thereto and thereafter the plaintiff claims 10% interest on the judgment sum until the entire debt is liquidated.
2. The defendants have in spite of several oral and written demands through the 1st defendant refused or neglected to liquidate the debt.”
The writ of summons was supported by an 18 paragraph affidavit.
The relevant paragraphs are reproduced hereunder as follows:
“5. That the first defendant is the Managing Director of the 2nd defendant.
6. That the second defendant is a company incorporated in Nigeria under the Companies and Allied Matters Act 1990.
7. That sometime around September…