AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Kaduna State High Court of Justice delivered on 5th March, 2008 in suit No.KDH/KAD/29/2008 by Hon. Justice M. M. Ladan wherein summary Judgment was entered in favour of the Respondent in the absence of the Appellant's notice of intention to defend the suit.
The Respondent as the plaintiff before the Lower Court took out a writ of summons and a statement of claim on the 22/01/2008 and claimed against the Appellant, then as defendants, the following:-
"1. The Plaintiff's claim is for the sum of N42,173,112.99 (Forty Two Million, One Hundred and Seventy Three Thousand one Hundred and Twelve Naira, Eighty Nine Kobo against the defendant being balance of unpaid contract sum executed by the plaintiff.
2. Cost of Filing this suit."
The matter was fixed for hearing on 05/03/2008. However, when the case was called, the Appellant who was said to have been served with writ of summons and the othe…