<p>SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Court of Appeal (now referred to as the Court below) in Suit No.CA/C/141/2004 delivered on 28th June, 2007. The Appellant herein, as plaintiff had instituted through an undefended list procedure against the Respondent as Defendant at the Uyo High Court (Akwa Ibom) in Suit No.HV/UND.3/2/2004 claiming N13,169, 847.71 (thirteen Million, One Hundred and Sixty Nine Thousand, Eight Hundred and Forty Seven Naira, Seventy one Kobo) being the balance due and payable to the Plaintiff by the Defendant as his professional fees on a Survey Contract awarded to the Plaintiff and 21% interest on the said amount claimed, until it is finally liquidated.</p><p> The learned trial Judge entered Judgment in an undefended list action in favour of the Appellant. The Respondent company which could not file notice of intention to defend the cause was not satisfied with the Judgment and so appealed to the court b…</p>