ADAMU JAURO, JSC (Delivering the Leading Judgement): This is an appeal against the judgment of the Court of Appeal, Jos Division which allowed Appellant's appeal in part and partially affirmed the judgment of the Plateau State High Court of Justice, which had granted all the reliefs sought by the Respondent as Plaintiff.
The Respondent commenced the action leading to this appeal before the High Court of Plateau State via a Writ of Summons and an Affidavit in Support of the Claims. He filed a Motion ex parte for the suit to be placed under the Undefended List. The following were the claims endorsed on the Writ:
"The Plaintiff claims from the Defendant the sum of N2,000,000.00 being the balance due to the Plaintiff from the Defendant on a road contract which the Plaintiff executed at NDLEA office at Laminga for the Defendant and which sum Defendant despite repeated demands has failed to pay.
And Plaintiff claims interest at the rate of 25% from the 20th July, 2001 until judgment and therea…