OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of I. U. Bello J., of the High Court of the Federal Capital Territory sitting at Gwagwalada delivered on 23/02/2004 in suit No. FCT/HC/CV/1061/02 in which he dismissed the Appellant's application and refused to strike out the substantive suit.
The Respondent as plaintiff in the lower Court instituted an action at the High Court of the Federal Capital Territory holden at Gwagwalada in suit No. FCT/HC/CV/1061/02 claiming against the Appellant as defendant the following reliefs both in the particulars of claim and the statement of claim filed on 8/10/02:
"a. The sum of N400,000.00 (four hundred thousand naira only) being the outstanding payment due on works executed by the plaintiff for the defendant at the defendant's own request and interest thereon at the rate 21% from April 2000 to the date of judgment and thereafter 10% Court interest till the debt is liquidated.
b. The sum of N80,000.…