ABDULLAHI, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal took out a writ of summons in the undefended list claiming against the appellant, the sum of N120,430.00 being balance of payment due to the respondent in respect of a sub-contract of N370,000.00 awarded by the appellant to the respondent.
The respondent further claimed 35% interest p.a on the said sum of Nl 20,430.00 from 17/12/92 to 17/12/93 and 10% p.a thereafter to the date of judgment and final liquidation of the judgment sum.
Going by the information contained in the record, the writ of summons was served on the clerk of the appellant's firm of solicitors on 11/10/94. The clerk passed on the writ to one of the principal officers of the appellant's solicitors on 17/10/94. The returned date fixed by the trial court was 19/10/94. On 18/10/94 one of the principal officers of the solicitors of the appellant filed a motion on notice seeking for extension of time within which to file a notice of intention …