ABUBAKAR ABDULKADIR JEGA, JCA (Delivering the Leading Judgment): This is an appeal from a final and two interlocutory decisions of his Lordship Justice S.H. Makeri of the Kaduna State High Court of Justice and which decisions and or rulings were delivered by the Honourable Judge on 21st July 2000, 4th April 2000 and 20th June 2000 respectively.
The facts of this case as can be gathered from the record of proceedings before the court are as follows: The respondent had in a suit initiated under the undefended list (Order 22 Rules 1-4 of the Kaduna State High Court (Civil Procedure) Rules 1987) sued the appellant for the sum of ₦3,250,000.00 and 10% interest rate on the judgment sum until final liquidation and the cost of instituting the suit.
The learned trial Judge had heard arguments on several interlocutory applications two of which are very relevant in this appeal-
(i) An application to set aside the writ for non compliance with relevant statutory procedure and to strike out the ac…