AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): By a writ of summon taken out on the 6th day of October, 2005 the Appellants (Plaintiffs in the Court below) instituted an action against the Respondent (Defendant in the Court below) upon the following claims:-
i) The sum of N1,650,000.00 (One Million Six Hundred and Fifty Thousand Naira) owed the Plaintiffs.
ii) Interest on the aforesaid sum at the rate of 20% from October, 2001 till Judgment is delivered.
iii) Interest on the said sum at the rate of 5% from date of judgment till judgment debt is liquidated.
The writ of summon and statement of claim were served on the Respondent by substituted means upon the leave of the lower Court granted the Appellant to do so by handing the processes to the Secretary of the Respondent at the Onitsha South Local Government Headquarters Fegge, Onitsha.
The Respondent filed his statement of Defence dated 6/2/2006 and memorandum of Appearance dated 8th February, 2006 both of which were f…