IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): A.T. Ndoma, Esq. of counsel for the plaintiff [the respondent herein], took out a Writ of Summons from the Edo State High Court of Justice, holden at Auchi, [the trial Court], against the defendant [appellant herein]. The endorsement on the Writ reads as follows:
"The plaintiff claims against the Defendants as follows:
1. Specific performance of the Defendant's contractual obligations in Contract Number EWLG/CON.17/25 at 12-6-95; in favour of the plaintiff.
2. An Order for payment of the sum of Four Million NINE HUNDRED and TWENTY FIVE THOUSAND NAIRA [N4,925.000.00] by the Defendant to the plaintiff along with 10% interest of the indebted sum per every subsequent month thereof, until Judgment is entered.
The Writ was issued on the 22nd of June, 1999. It was alleged by the respondent in his amended brief served with the respondent's Writ of Summons that the defendant did not file a memorandum of appearance as required by…