KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The plaintiff's claims against the Defendant jointly and severally as endorsed on the Writ of Summons issued in suit No.HM/101/2002 on 8/5/2002 are as follows:
1. The sum of N17,426,085.20 (Seventeen Million, Four Hundred and Twenty-Six Thousand, Eight-Five Naira, Twenty kobo) being special and general damages for breach of contract with interest at the rate of 36% per annum with monthly rates from June, 2001 until the judgment sum is liquidated.
2. The return of the plaintiff's building material left on site but detained by the Defendants, or their value, and N10,000,000.00 (Ten Million Naira) general damages for detinue.
The defendants filed a Memorandum of appearance on 19/6/2002. On 24/7/2002 the plaintiff filed the Statement of Claim. On 28/1/2003 the court heard a motion dated 13/1/2003 but filed on 15/1/2003 and granted the defendant's counsel leave to enter appearance out of time (See page 33 of the records). On 13…