IGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna High Court in Suit No. KDH/KAD/325/94. In the court below, the respondent as the plaintiff filed a writ of summons on the undefended list claiming against the defendant/appellant as follows:-
"The plaintiffs claim against the defendant is for the sum of N1,158,239.50 being the cost of loading and offloading of empties and the price of empties - cartons of empty bottles of Guilder, Star, Maltina and Legend worked out in and with the defendant's Memo Ref. No. 4/9/469 dated 28th October, 1993. These cartons of empty bottles were personally returned by the plaintiff to the defendant on 24th August, 1993, 17th November, 1993, 24th November, 1993, and 15th December, 1993.
The plaintiff has on several occasions demanded for payment for these empty cartons (empties) returned but the defendant has refused, failed and or neglected to pay.
Interest at the rate of 30% from the date of delivery mont…