NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Ondo state High court of Justice Akure Judicial Division in suit No. AK/75/2003. The judgment was delivered on 18/5/2005 by Sidio J. The plaintiff and defendant in the Court below are the respondent and appellant herein.
The respondent had sued the appellant for the following reliefs:
1. "The sum of N425, 000.00 (Four hundred and twenty five thousand naira) only being the outstanding balance owed the plaintiff by the defendant arising from the contract for the complete refurbishing of a MB1414 Bus for the sum of N625, 000.00 (Six Hundred and Twenty Five Thousand Naira) only.
2. 10% interest monthly on the said sum of N425, 000.00 (Four Hundred and Twenty Five Thousand Naira) only from the date judgment is given until the debt is finally liquidated.
3. N5 Million Naira general damages."
See page 6 of the records.
Upon service of the statement of claim on the respondent it filed …