SULEIMAN
V.
UAC OF NIGERIA PLC.
ISA AYO SALAMI, J.C.A (Delivering the leading Judgment): This is an appeal against the decision of Aboki, J., delivered on 30th October, 2000 wherein judgment was given against the defendant for the sum of N2, 262,430.14, an amount far less than the plaintiff's claim of N2, 786,840, endorsed on the writ of summons taken out on 30th March, 1999. The suit was brought under the provisions of Order 23, of the Kano State High Court (Civil Procedure) Rules 1987. The writ of summons marked undefended list was supported by affidavit. Upon service of the writ of summons on the defendant a conditional appearance was entered. A notice of intention to rely on a preliminary objection was given in addition to filing notice of his intention to defend the action on the merit. The preliminary objection was considered and refused the relevant ruling rejecting the preliminary objection was delivered on 7th June, 2000.
Upon service of the notice of intention to defend, the plaintiff deposed to a further …