ONYEKACHI A. OTISI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State sitting at Uyo, delivered on 10th May, 2010.
The Respondent, an Educational Publisher based in Akwa Ibom State, entered into a contract with the 3rd Appellant for the production, supply and delivery of one million, fifteen thousand copies of the ABBNNY Uniform Continuous Assessment Tests and Evaluation Workbooks for use by Anambra State students for 2007/2008 academic year. The total value of the Workbooks was N209,000,000.00 (two hundred and nine million Naira). The Workbooks were to be paid for on or before the end of the 2007/2008 academic year: but of the end of this period, the sum of N71,400,000.00 remained outstanding.
The Respondent as plaintiff filed Suit No HU/UND/320/2009 before the High Court of Akwa Ibom State, Uyo, for the recovery of the outstanding sum. The suit was brought on the Undefended List, seeking the following Reliefs against…