MAHMUD MOHAMMED, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High Court of Justice sitting at Kafanchan and delivered by Mukaddas J. on 11/5/98. The respondent as plaintiff took out a writ of summons under the undefended list and claimed against the appellant as defendant before the Kafanchan Judicial Division of the Kaduna State High Court, the sum of N259, 448.67k, with 21% interest from 30/8/97 till judgment and 10% interest from the date of judgment being accumulated loans, overdrafts and interest thereon as at 29/8/97. When the undefended suit came up for hearing before the lower court on 25/2/98, there was no proof of service on the appellant who was the defendant and consequently, the matter was adjourned to 31/3/98 for service to be effected on the appellant.
When the case came up for hearing on 31/3/98, the appellant who was duly served, was represented by counsel who filed a motion dated 27/3/98 for extension of time to…