MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Federal High Court sitting in Port Harcourt, Coram: A. I. Muhammed, delivered on the 6th day of July, 2022, in favour of the Respondent herein.
The Appellant as plaintiff filed Suit No. FHC/PH/CS/301/2022 at the lower Court seeking for the following:
“AN ORDER of Court directing the Defendant to pay to the plaintiff the sum of N480,301,750.00 (Four Hundred and Eighty Million, Three Hundred and One Thousand, Seven Hundred and Fifty Naira) representing the amount for work already done in the first milestone of the construction of Igbiri-Abam-Abibo-Oba-Ama-Okujagu-Okuru Link Road/Bridges project.”
Upon being served with the originating processes, the Respondent, instead of filing Notice of Intention to Defend the suit on merit, chose to file a Motion on Notice for stay of proceedings. After hearing parties on their respective affidavits in respect of the said Motion on Notice, learne…