ABBA BELLO MOHAMMED, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja sitting at Jabi, Abuja (the trial court), delivered on 7th December, 2016. The judgment of the trial court is at pages 48 – 60 of the Record of Appeal.
The suit giving rise to this appeal was instituted at the trial court by the Respondent vide writ of summons filed on 12th May, 2016 brought under the undefended list procedure. In the writ of summons which was supported by a 39-paragraph affidavit and attached exhibits, the Respondent claimed against the Appellants jointly and severally as follows:
(a) The sum of Twelve Million and Six Hundred Thousand Naira (N12,600,000.00) only, being payment for the supply of One Thousand, Two Hundred (1,200) bags of rice to the Defendants’ Edo State Command’s Cooperative Branch which the Defendants have refused to pay despite repeated demand.
(b) Monthly charge at 10% per annum of N12,600,000.0…