OWOADE, J.C.A. (Delivering the Leading Judgment): By a writ of summons accompanied by a motion ex-pate under the undefended list procedure both dated 24/6/2005, the appellant as plaintiff before the lower court claimed from the respondent as follows:
1. The sum of N420,000.00 being money paid to the defendant for supply of 60 metric tons which he has failed to perform and he has failed to refund despite repeated demands.
2. Interest at rate of 10% on this sum from date of judgment till same is liquidated.
On 12th July 2005, after hearing Imo Inyang, Esq. of counsel to the appellant (then plaintiff) E.E. Ita, J. ordered that the suit be placed under the undefended list and that the writ be marked accordingly. On 13/9/2005, the defendant/respondent filed a notice of intention to defend the suit accompanied by a 33 paragraphs counter-affidavit.
On 23/9/2005, the learned trial Judge E.E Ita delivered a considered judgment and held inter alia at pages 41 - 42 of the record that:
"I theref…