ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the Plateau State High Court in Suit No. PLD/J535/2019 delivered on 1st July 2020 by Hon. Justice N.L. Musa, wherein the learned trial Judge entered judgment for the Plaintiffs, as per their claims.
At the trial Court, the Plaintiffs (now Respondents) sought the following reliefs, in a case of simple contract, brought under the Undefended List:
(1) The sum of N2,950,000.00 (Two Million, Nine Hundred and Fifty Thousand Naira), being money for part payment received by the Defendants from the Plaintiffs for contract of supply of lead oxide material which the Defendants did not supply to the Plaintiffs and have refused to refund the Plaintiffs’ money.
(2) The Defendants to pay 30% pre–judgment interest of N2,950,000 (Two Million, Nine Hundred and Fifty Thousand Naira) from January, 2018 till judgment is delivered and 5% post judgment rate until the whole sum is finally liquidated, having use…