SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice I. K. Banu of Adamawa State High Court delivered on 15th March, 2006.
The Respondent commenced an action against the Appellant at the trial court claiming the followings:
1. The sum of N5million being outstanding balance of a contract sum awarded to the Respondent by the Appellant herein.
2. 20% interest on the outstanding balance of N5 million.
3. The cost of litigation.
The writ was placed under undefended list but the Appellant brought a notice of intention to defend, consequently, it was transferred to the general cause list.
The full trial of the matter commenced and at the end of which the trial Judge entered Judgment in favour of the Respondent herein and ordered as follows:-
1. The Defendant known as Appellant herein shall pay to the plaintiff herein known as the Respondent the sum of N5 million only being the outstanding balance of contract sum for the electrif…