EKPE, JCA (Delivering the Lead Judgment): At the High Court of A
Akwa Ibom State, Uyo judicial division, the plaintiff now appellant by a writ of summons sued the defendant now respondent and claimed as follows:
“The plaintiff claims from the defendant the sum of N210,000.00 (two hundred and ten thousand naira) being 60% of job completed before the defendant stopped further execution of the contract as per local purchase order reference IBLG/AD/8/10/S.1/Vol.1/76 dated 15th July, 1998, interest on the principal sum as well as cost of the action.”
The writ of summons was placed under the undefended list by the trial court pursuant to a motion ex-parte and a 14 paragraph affidavit in support filed by appellant. Annexed to the said affidavit are - exhibit “A”, the jobbing order for the construction/grading of 11 KM Edem Iyere/Ikot Essien/Isaso road at the cost of N350,000.00, exhibit “B”, an undated letter by the appellant to the respondent’s works superintendent calling for inspection a…