W. S. N. ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal holden at Jos in appeal NO.CA/J/322/98 delivered on the 7th day of November, 2002 dismissing the appeal of the appellant against the decision of the High Court of Plateau State in Suit N0.PLD/J153/95 holden at Jos delivered on the 29th day of May, 1995 under the undefended list procedure.
From the records, the respondent was a business consultant based in Jos whose services was engaged by the 2nd appellant in July, 1992 for the procurement of foreign aid from the Japanese Government to enable the 2nd appellant import some vehicles and spare-parts for use by the 1st appellant as evidenced in exhibit A attached to the affidavit in support of the application for the issue of a writ under the undefended list, It is the case of the respondent that it rendered the service in Jos and by delivery note dated 18th September, 1992, the 2nd appellant through its agent collect…