MIKA’ILU JCA (Delivering the Lead Judgment): The background of this case, is that the respondent allegedly supplied some goods to the appellant under a revolving contractual order. A dispute arose as to the actual goods supplied, payments made and balance outstanding. The respondent commenced an action under the undefended list against the appellant at the High Court of Akwa Ibom State, Eket Division, claiming N11,480,477.93 (eleven million, four hundred and eighty thousand, four hundred and seventy-seven naira, ninety-three kobo) being cost of goods supplied, 21% prejudgment interest on that sum and 10% per month post judgment interest. The case was for hearing under the undefended list on 5 December 2006. On 14 November 2006 the appellant through its counsel filed a notice of intention to defend and an affidavit disclosing defence on the merit.
Preliminary objection was moved on 5 December 2006 and reply taken the sameday. The rejoinder was argued on 15 December 2006 for ruling. Be…