CHIDI NWAOMA UWA, J.C.A. (Delivered the Leading Judgment): This is an appeal against the Ruling of the Federal High Court Abuja Division delivered on the 21st day of July, 2005.
The Appellant sued the Respondent in the lower Court for the sum of N557,305,217.70 (Five Hundred and Fifty Seven Million, Three Hundred and Five Thousand, Two Hundred and Seventeen Naira, Seventy Kobo) being the amount due and outstanding to the Appellant by virtue of the bank guarantee issued by the Respondent in favour of the Appellant and interest thereon as per the writ of summons and Statement of claim at page5 3-8 of the printed records.
The appellant by a motion ex parte supported by a 17 paragraph affidavit wherein it was deposed that the respondent had no defence to the action. The lower Court thereafter subsequently placed the suit on the undefended list and the writ of Summons was so marked. When the matter carne up for argument on 15/6/05 a Notice of Intention to Defend and an affidavit had been f…