HON JUSTICE M. DATTIJO MUHAMMED, OFR J.C.A. (Delivering the Leading Judgment): At the Port Harcourt judicial Division of the Federal High Court hereinafter called the lower court, the Appellant in the instant appeal as plaintiff commenced suit No. PHC/PH/CS/1459/04 on 7th September, 2004 against the Respondent then being the defendant. The former's claim against the latter is for the sum of Thirty Two Million, Six Hundred and Seventy-Two Thousand, Eight Hundred and Sixty-Two Naira, Forty Two Kobo (N32, 672, 862.42) for the breach of the contract in respect of goods procured for and delivered to the Respondent by the Appellant which sum the Respondent failed and/or refused to pay.
Having entered appearance, but without filing its statement of defence in answer to Appellant's statement of claim, the Respondent by a motion on notice filed on 26th August, 2005 prayed the court below for:
"1. An order setting aside the writ of summons for non-service on the Defendant.
2. An order striking …