T. O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of an appeal against the decision of Hon. Justice I. N. Ndu delivered on 1/02/2006 at Rivers State High Court, Port Harcourt.
The plaintiff' now the Respondent had filed a claim at the court below which reads.
"The plaintiff claims against the defendant jointly and severally as follows:-
(a) The sum of N574,400.00 (Five Hundred and Seventy Four Thousand, Four Hundred Naira) representing the sum due to the eight named welders in respect of No. 2 and 3 of the conditions of engagement as listed and contained in contract No. E. 14247 dated 21st June, 2004.
(b) Interest on the said liquidated sum at the rate of 10% per annum until the whole Judgment debt is discharged."
The plaintiff sought and obtained the leave of court to enter the suit on the UNDEFENDED LIST. The leave was granted on 13/8/2004. The suit was adjourned to 18/8/2004. The defendants under ORDER 23 Rule 3(1) of the Rivers State High Cou…