AFRICAN TIMBER AND PLYWOOD NIGERIA LTD
V.
DARLING PETROLEUM NIGERIA LTD

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State sitting at Sapele delivered by Hon. Justice E.N. Emudiainohwo on the 20/7/2009, wherein the learned trial judge awarded the sum of N10,488,678.80 (Ten Million, Four Hundred and Eighty Eight Thousand, Six Hundred and Seventy-Eight Naira, Eighty Kobo) to the Respondent. The following are the facts that led to this appeal.

The Respondent by a Motion Ex-parte pursuant to Order 23 Rule 1 of the High Court (Civil Procedure Rules) 1988 of the defunct Bendel State then applicable to Delta sought that the Writ of Summons regarding the suit be placed on the undefended list.

The Respondent had attached the following: Exhs. A-H copies of the invoice with which the orders were made. Exh K is a letter from the Respondent to the Appellant requesting the confirmation of the amount owed the Respondent Exh J and L are confirmation letters from the Appellant to t…