AKAAHS, JCA (Delivering the Leading Judgment): This appeal deals with the propriety of entering default judgment, when the case has been adjourned for report of settlement, and while a motion seeking extension of time to file the statement of defence is pending.
The facts of this case may be stated briefly as follows:-
Bank of Credit and Commerce International (Nig.) Limited was the plaintiff in suit No. UHC/43/86. The bank took out a writ of summons in the Ughelli Judicial Division, claiming against the defendants now appellants, the following reliefs which were amended in paragraph 9 of the statement of claim:-
"9. Whereof the plaintiff claims against the defendants jointly and severally:
(a) Balance of the debt as at 30/6/87, ₦378,571.96
(b) Interest thereon at the rate of 15% per annum until judgment.
(c) In the alternative, an order enjoining the defendants to execute a Deed of Legal Mortgage and to execute all necessary documents, mortgaging the property covered by Certificate o…