EKPE, JCA (Delivering the Lead Judgment): The respondents to thisappeal were plaintiffs in the Akamkpa High Court of Cross River State in suit No. HK/3/2000. They had sued the defendants now appellants, claiming in their writ of summons the following relief: “The plaintiffs’ claim against the defendants jointly and severally is for the sum of eight million, one hundred and twenty five thousand Naira only (N8,125,000.00) being money owed and due from the supply of rubber lumps/lease rental at Oban Rubber Estate Limited in Akamkpa Local Government Area with interest at the rate of 21% from January, 1999 till judgment and 10% from judgment until liquidation of the entire judgment debt.”
The writ of summons was filed on 13/1/2000 with an affidavit sworn to by the 2nd respondent to place the suit under the Undefended List. Annexed to the affidavit are Exhibits A to F-F1 which are documentary evidence relating to the respondents’ claim. On 24/1/2000, pursuant to the oral application by the…