ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Kaduna State High Court, in Suit No. KDH/KAD/8/2008, delivered on 5th November, 2008 by Hon. Justice B. U. Suleola in favour of the plaintiff (now Respondent), by way of the summary judgment, pursuant to Order 11 of the High Court Civil (Procedure Rules), 2007 of Kaduna State. His Lordship in the judgment, ordered the Defendants (now Appellant) to pay N6, 386,872.52 to the Plaintiff, being unpaid balance of subcontract sum collected by the Defendants on behalf of the plaintiff.
The Plaintiff's claim at the Court below, as per the writ of summons and statement of claim, filed under summary judgment procedure, was for the sum of Six million, three hundred and eighty six thousand, eight hundred and seventy two naira, fifty two kobo (N6, 386,872.52) only, being and representing the unpaid balance of the subcontract sum collected by the Appellants on behalf of the Respondent. The Learned Trial…