IBRAHIM SHATA BDLIYA J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Plateau State High Court delivered by Hon. Justice Y. G. Dakwak on 22th October, 2004, in suit No. PLD/J433/2003. The appellant, who was the defendant in the lower court, was sued by the respondent (who was the Plaintiff,) under the Undefended List vide a writ of Summons claiming as follows:
"The Plaintiff claims from the defendant the sum of (Two Million Naira) 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 Lamingo for the defendant and which sum the defendant, despite repeated demands, has failed to pay.
And the Plaintiff claims interest at the rate of 25% per cent from 20th July, 2001, until judgment and thereafter at 10% per annum until the entire sum is paid".
The application of the Respondent to place the suit on the Undefended List was supported by an affidavit. After hearing the…