PETER OLABISI IGE, JCA (Delivering the Leading Judgment): By his writ of summons filed in the Registry of Plateau State High Court sitting in Jos on 23rd day of July, 2009, the Respondent as Plaintiff claimed the sum of N16, 000,000.00 (Sixteen Million Naira) against the Appellant as Defendant as being the balance of building Materials the Respondent supplied to the Appellant on credit sometime in 2007 in Jos at the Appellant's request according to the Respondent. The Respondent also claimed 10% interest on the said sum from the date of Judgment until final liquidation of the Judgment debt. By the application of the Respondent pursuant to Order 23 Rule 1 of the Plateau State High Court (Civil Procedure) Rules 1987 praying for a transfer of the suit to the Undefended List was granted on 30th day of July, 2009 and the writ was marked "UNDEFENDED LIST"
On 4th day of August 2009 the Appellant filed NOTICE OF INTENTION TO DEFEND the suit accompanied by Affidavit in support of Notice to Def…