OGUNTADE, J.C.A. (Delivering the Leading Ruling): The respondent in this application was the plaintiff in an action brought under the undefended list procedure at the Jos High Court. As plaintiff he claimed against the present applicant (as the defendant) the sum of N314,356.26 being the outstanding balance of professional fee for legal services rendered to the applicant. On 23/2/96, judgment was entered in favour of the respondent for the said sum of N314,356.26.
An application by the applicant that the said judgment be set aside filed on 23/7/96 was refused. The applicant filed a notice of appeal against the ruling of the lower court dated 23/7/96.
He raised the following grounds of appeal;
"(1) The decision is against the weight of evidence.
(2) The learned trial Judge erred in law in relying on Exhibits A and B in the further and better affidavit in arriving at his decision.
PARTICULARS OF ERROR
(a) The court stated thus:
"To my kind (sic) Exhibits A, B and C in accompanying the plaintif…