PLANWELL WATERSHED LTD. & ANOR.
V.
OGALA
·
S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): The respondent in this appeal was also respondent at the Court of Appeal and plaintiff at the trial High Court of Bendel State. The claim against the present appellants jointly and severally was "for the sum of N768,850.00 being money paid for a consideration that has wholly failed in that between 17/11/92 at Benin City within Benin Judicial Division the plaintiff paid to the defendant the said sum of N768,850.00 for supply of general goods but the defendants have failed to deliver any of the goods to the plaintiff or at all despite repeated demands". Also claimed is interest at 25% before judgment and 10% after judgment. The claim was brought under undefended list supported by an affidavit in accordance with Order 23 High Court (Civil Procedure) Rules, 1988 of Bendel State.
The appellants were duly served with the writ of summons. But within the time set by the rules aforementioned the appellants as defendants did not file a…