C.B.N.
V.
AKPANSSEN

OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of E. Uke J. (Rtd) sitting at the High Court of CrossRiver State, Calabar in suit No. HC/63/2003 delivered 7 March 2003. The respondent, plaintiff in the trial High Court, commenced the suit by writ of summons on 19 February 2002 claiming against the defendants (now appellants) the sum of N384,468.00 (three hundred and eighty-four thousand, four hundred and sixty-eight naira), with interest being the outstanding balance of the contract variation sum for additional work in favour of the respondent, for the preparation of electrical installation for the 1st appellant’s Calabar branch computer suite. The suit which was initially placed on the undefended list, was on 9 July 2002 transferred to the general cause list for hearing and determination. The plaintiff/respondent filed and served his statement of claim but the appellant did not file any pleadings. After several adjournments, the respondent testifie…