MOJEED ADEKUNLE OWOADE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of E.E. Ita J. sitting at the Calabar Division of the Cross River State, High Court in Suit No. HC/319/2001 delivered on 29th July 2005.
By a writ of summons dated 23rd September, 2004 and placed under the undefended list by order of court on 10/1/2005 the Appellant as plaintiff claimed against the Defendant/Respondent the sum of N82,500 (Eighty two thousand five hundred naira) being substantive debt owed to the plaintiff by reason of the defendant's failure to pay the 10% legal fees on the MTN Limited booster station lease agreement negotiated by the plaintiff on defendant's behalf which said money has been received by the defendant.
On 24th January 2005, the defendant/respondent filed an affidavit disclosing a defence to the suit on the merit after which the learned trial judge in a ruling delivered on 28/1/2005 transferred the suit to the general cause list for trial and determi…