WALI, J.S.C. (Delivering the Leading judgment): This is a case involving inter-pleader action wherein the 1st respondent, Alhaji Barau Potiskum, by an inter-pleader summons take out in Potiskum High Court of the then Borno State, but now of Yobe State, claimed against the appellant, Alhaji Musa Kala as follows:-
"WHEREAS the claimant has made a claim to the house at Tudun Wada layout behind Coca Cola House Potiskum, taken in execution and under process issuing out of this Court at your instance. You are hereby summoned to appear at the court to be holden at Potiskum on the 20th day of May, 1987 at the hour of 9.00 in the FORE noon when the said claim will be adjudicated upon and such order made thereon as the court thinks fit."
After service of the summons on the appellant both the claimant (1st respondent], and the appellant filed and exchanged pleadings. The 2nd respondent did not file anything as his whereabout could not be traced to be served with processes. 2nd respondent was abs…