Gabriel Eke, the Respondent herein was the Plaintiff before the High Court of Abia State in the Aba Judicial Division holden at Aba when he claimed against the Appellants herein as the Defendants jointly and severally as follows:

"The Plaintiff claims against the Defendants jointly and severally the sum of N1,992,255.16k (One million nine hundred and ninety two thousand, two hundred and fifty five naira and sixteen kobo) being money had and received by the Defendants for a consideration that has failed."

The Plaintiff filed along with the Writ of Summons the PARTICULARS OF CLAIM - thus:-

Following Order 23 High Court (Civil Procedure) Rules 1998 of Imo State, applicable in Abia State, the Plaintiff applied to have the writ placed under the Undefended List. The Plaintiff accompanied the application with an affidavit and the learned trial Judge placed the Plaintiff's claims under the Undefended List.

By an ex-parte motion dated the 8/11/1993, the Plaintiff successfully obtained leave of the trial Court to serve the Writ of Summons and all other relevant Court processes on the Defendants by substituted means that is to say by "pasting same at the door of the office of the Defendants at No. 102 School Road Aba, or by delivering same on any adult employee of the 2nd Defendants at the office of the 2nd Defendant at No. 102 School Road, Aba." On the 23rd November 1993 a bailiff of the High Court, Aba deposed to an affidavit of service on the Defendants as follows;-