AMINA A. AUGIE, J.C.A. (Delivering the Leading Judgment): The respondent as plaintiff commenced the Suit as per its Writ of Summons, dated 2nd October, 2001, wherein it claimed as follows:-
1. The sum of N97,200,000.00 (Ninety seven million two hundred thousand naira) being monies the defendant is owing the plaintiff, which said debt arose from the supply of 3,600,000 litres of AGO (diesel) to the defendant at Ogunu between the 27th day of August, 2001 and 1st September, 2001 at Ogunu, within the jurisdiction of this Honourable Court. The defendant has failed and or neglected to pay the aforementioned sum of N97,200,000.00- despite plaintiff's invoice of 1/9/2001 and repeated demands.
2. The plaintiff also claims interest at the rate of 21% per annum.
On the 3rd of October, 2001, the respondent applied to have the case placed on the undefended list, which application was granted same day by Akperi, J. Upon service on it of the relevant processes, the appellant as defendant filed:-
(i)…