OLUFUNMILOLA OYELOLA ADEKEYE, J.C.A (Delivering the leading judgment): In the endorsement in the writ filed under the undefended list procedure the plaintiffs Mr. Ambile Amoaka and Mr. Tonab Dugwe claimed against the defendants Massken Nigeria Limited, Mrs. Alex Ononye and Surveyor Alex Ononye as follows -
"Whereof the plaintiffs claim from the defendants jointly and severally the sum of three million six hundred and fifty-five thousand naira plus 21% interest from January 2002 to date of judgment and thereafter same rate until judgment sum is finally liquidated."
The plaintiff filed an eleven paragraph affidavit in support of the writ. The writ was deposed to by Abubakar Mohammed a litigation clerk in the law firm of the counsel appearing for the plaintiffs - Mr. M. P. Ibrahim Esq. The affidavit evidence revealed that the amount of indebtedness arose from an outstanding friendly loan of three million naira and various other sums of money collected by the defendants to the tune of six…