The appellant as plaintiff in the trial court took out a writ of summons against the respondent and attached to the writ was an affidavit in support. Pursuant to the said writ of summons, the Kano High Court issued a Civil Summons and on being served the respondent as defendant filed a Notice of Intention to defend with a supporting affidavit.

The appellant alleged that he made two lodgments of N500,000.00 each between 30/12/98 and 07/01/99, the respondent averred that there was in fact only one lodgment of N500,000.00. That the N500,000.00 was brought to its bank on 30/12/98 but could not be counted on that day; a teller was raised and the money was boxed. That on or about 07/10/99, the box was opened, the money was counted, another teller was raised and the appellant's account was credited. The transaction was thus couched.

After about two years, in December, 2000 the appellant made a claim for an additional N500,000.00. After hearing arguments from counsel the learned trial judge delivered a judgment on 20/04/01 ordering the respondent to pay N500,000.00 with 21% of bank rate interest to the appellant on the ground that the respondent did not disclose a defence on the merit.

Respondent dissatisfied appealed to the Court of Appeal on the basis that the trial court held that the Notice to defend did not raise a good defence and on the challenge of jurisdiction of the trial court to award 21% bank rate interest which was not stated in the claim.

The Court of Appeal noted that not only the claim for interest but also the claim for the principal sum of N500, 000.00 was not endorsed on the writ. The appellate court then formulated two issues of its own and held that the Writ of Summons was incompetent. It allowed the appeal and declared the judgment of the trial court a nullity.

The appellant being dissatisfied has come before this court on appeal.