IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated the 23rd day of May 2005 and filed same day, the plaintiff/Respondent Sunday Iranloye commenced an action under the "Undefended List" procedure against the Defendant/Appellant and claimed as follows: -
"1. The sum of N600,000.00 being money paid by the defendant in respect of property at No.27, Offa Road, G.R.A. Ilorin under false representation as an estate agent commissioned by the owner of the property.
"2. Interest on the sum of N600,000.00 at the rate of 10% per annum from November, 2004 until final liquidation thereof."
In line with Order 23 Rules 1 and 2 of the Kwara State High Court (Civil Procedure) Rules 1989 the plaintiff/Respondent supported the application for the issuance of the writ of Summons with an affidavit of twelve paragraphs setting for the grounds upon which the claim is based which are as follows: -
"3. That some time in November 2004, the defendant approached me as an est…