MARAYA PLASTICS INDUSTRIES LTD
V.
INLAND BANK OF NIG. PLC

OMAGE, JCA (Delivering the Lead Judgment): The problems arising from the utilisation of the provision of the rules for the undefended list procedure are myriads and each presents diverse issues. This is one of them, and it is in my view novel. The facts in this appeal are as follows. The respondent filed a writ of summons under the provisions of order 23, Kano State High Court Civil Procedure Rules. In the writ the plaintiff/respondent in the court below demanded from the defendant/appellant, a liquidated sum of money, and the defendant could not pay. The latter had no defence to the plaintiff’s claim of twelvemillion fortyfive thousand four hundred and seventy nine naira and forty kobo, being the total sum said to be advanced by the plaintiff/respondent to the defendant/appellant at the request of the appellant, and the sum is now said to be due to the plaintiff. In the ex parte motion accompanying the writ of summons there is an affidavit which is not sworn to. The purpose of the …