NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Lagos State, delivered on Tuesday 20 January 2004, by Honourable Justice Ipaye.
The respondent herein sued the appellant, as defendant, at the High Court of Lagos State for the sum of N2,985,000.00 (two million, nine hundred and eighty-five thousand naira), being the total sum collected by the appellant from the respondent for musical drum set with interest at the rate of 21% per annum from 1 April 2002 and six percent (6%) per annum until the entire sum is liquidated.
The originating processes were served on the appellant by substituted means pursuant to an order of the trial court. Due to appellant’s failure to enter appearance and serve his statement of defence, the respondent filed a motion for default judgment, which was also served on the appellant by substituted means, pursuant to the order of the trial court. When the case came up before the trial court, the appellant a…