ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): By writ of summons, the plaintiff but now simply the respondent, filed on the 03-08-2004 against the defendant, but to be referred to as the appellant. The suit was commenced at the Federal High Court Port Harcourt presided by A.O. Faji, Judge, who delivered his judgment on 16-12-2005 against the appellant and it was on the undefended list.
The respondent's claim on the writ was for the sum of N17,726,833.73 being the principal and "accrued profit sharing investment yield charge" as at 31-07-2007 arising from debt and thereafter profit sharing investment yield charge at the rate of 5.5% and then 10% post judgment interest.
The respondent's writ on the undefended cause list was, supported by affidavits evidence wherein, it set out the claim against the appellant as follows:
"i. sometimes on 21-08-01 the appellant by Exhibit A, requested the respondent to invest N3,000.000 by disbursing same to the appellant's customers, DNA PL…