ORJI-ABADUA JCA (Delivering the Lead Judgment): The suit against the appellants before the lower court was commenced by the respondent under the undefended list special procedure by way of writ of summons filed by the respondent on 17 February 2010, claiming against them jointly and severally thus: “1. The sum of N120,000,000.00 (one hundred and twenty million naira) being and representing the cost of 30,000 me tric tons of stone base materials belonging to the claimant, removed and carried away by the defendants from Rumuji in Emohua LocalGovernment Area of Rivers State on or about 20 January 2010. 2. Interest of the said sum at the rate of 10% per annum from February 2010 till judgment is entered in this suit; thereafter, interest at the rate of 10% per annum from the date of judgment till the judgment debt is paid.
It was accompanied by an affidavit of 13 (thirteen) paragraphs deposed to by one Chief Hilary Okafor, the ManagingDirector of the respondent stating the ground for the cl…