BODE RHODES-VIVOUR, J.C.A (Delivering the Leading Judgment): This appeal originates from the Judgment of Ishaq Bello, J. sitting at Abuja High Court in Suit No. FCT/HC/CV/588/03 delivered on the 25th of April 2005.
In the Court below the appellant (as the plaintiff) claimed in paragraph 26 of his Statement of claim against the respondent (as the defendant) as follows:
''26. Whereof the Plaintiff claims against the defendant N14,849,506.10 being the balance of money deducted from plaintiff's account under the different names after the expiration of the bonds with effect from on or about 26/1/02 plus 14% interest from 26/1/02 to the date of final liquidation of the said sum.
After the Plaintiff filed and served his pleadings on the defendant, the defendant failed to file his statement of defence within time, and so the defendant filed a Motion for extension of time to file and serve its statement of defence and to deem as properly filed and served the said statement of defence.
The def…