TOBI, J.C.A. (Delivering the Leading Judgment): The appellant, as plaintiff, claimed from the respondents jointly the following reliefs:-
"1. The sum of N2.300500 being loan granted to the 1st defendant/company in December 1987and guaranteed by the 2nd defendant to be repaid within 60 days.
2. Interest at 21% on the said sum from January 1989 till the date of judgment and 6% from the date of judgment till the date of settlement.
3. Forfeiture of the property situate, lying and being at 215 Idowu Martins Street. Victoria Island to the plaintiff."
The respondents jointly entered appearance on 7th December. 1989. They filed their statement of defence that day. The appellant brought a summons pursuant to order 10 rules 1 and 2 of the High Court (Civil Procedure) Rules. 1972 for an order entering final judgment in his favour against the respondents jointly.
The learned trial Judge did not see his way clear in granting the prayer sought in the summons. He refused it. In the last sentence…