OPENE, JCA (Delivering the Lead Judgment): At the High Court of Cross River State holden at Calabar, the appellant, as plaintiff, filed an action against the respondent’s claim as follows:
“The plaintiff’s claim against the defendant is for the sum of Th ir ty-o ne Tho usan d, S ix h un dr ed and f if ty Naira
(N31,650.00) being amount owed the plaintiff by the defendant with interest on the basis of statute and custom at the rate of 2.5% from March 1999 until judgment and 10% per annum from judgment until liquidation of the judgment debt.” The plaintiff/appellant also filed an affidavit to place the suit on the undefended list. The matter was then assigned to a court. The learned trialJudge refused to place the suit on the undefended list but rather called for an address on the propriety of the method adopted by the plaintiff/appellant. The counsel for both parties addressed the court after which the learned trial Judge in her ruling delivered on 24/7/2000 ruled that a formal motion …