TANI YUSUF HASSAN, J.C.A (Delivering the Leading Judgment): The Appeal is against the Judgment of the High court of Federal Capital Territory Abuja delivered on the 26th day of April, 2010 in suit No. FCT/HC/CV/1214/2006.
The case as shown from the Record was initially instituted under the undefended list when it was subsequently transferred into the general cause list and after exchange of pleadings, issues were joined between the parties.
The processes were amended by order of court. And the amended writ of summon and statement of claim dated 27/06/2006 were filed on 29/06/2006.
The facts of the case are that the 1st Respondent (as plaintiff at the Lower Court) sometime in the year 2002 was approached by 2nd Respondent represented by one Chief Emmanuel Nwude for supply and installation of some items totally N13,380,000.00k (Thirteen Million, Three Hundred and Eighty Thousand Naira) only to which the 2nd Respondent made initial payment of N2,000,000.00k (Two Million Naira) leaving a…