OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The respondent as plaintiff filed a suit under the undefended list at a High Court of the Federal Capital Territory, Holden at Abuja, claiming the following reliefs:
1. An Order of Court directing the defendant to pay to the plaintiff the sum of N300,000,000 (Three hundred Million Naira) only being the amount paid by the plaintiff, to the defendant, as consideration for the auction sale of Yaman Fuel Filling Station and which sale is voided for want of title cum physical possession to the plaintiff.
2. 20% as interest thereon per annum from the date of judgment until final liquidation.
The Writ of Summons under the undefended list was supported by a 24 paragraph affidavit deposed to by Alhaji Abdulazeez Yakubo Sambo, a Director in the plaintiffs company. Annexed to the affidavit are seven exhibits.
On 28th January, 2016, the High Court granted the plaintiff leave to issue and serve the Writ of Summons and other processes on …