AKEJU JCA (Delivering the Lead Judgment): This appeal is against the decision of the High Court of Kano State, holden at Kano dated 21 November 2013 in suit No. K/461/13, wherein Honourable Justice Ibrahim Umar entered judgment for the plaintiff in the sum of N12,384,200.00 (twelve million, three hundred and eighty-four thousand, two hundred naira) with interest at the rate of 10% against the defendant until the whole judgment sum is fully liquidated. Dissatisfied with the judgment, the defendant in the suit, Alhaji Samaila Jega now called the appellant filed a notice of appeal dated 30 January 2014, with two grounds of appeal incommencement of the instant appeal.
The respondent as the plaintiff at the Kano State High Court (the trial court) initiated the action through the motion dated 23 September 2013 but filed on 24 September 2013, under Order 23 of Kano State High Court (Civil Procedure) Rules, forissuance of writ of summons to be placed for hearing under the undefended list and…