UDOM-AZOGU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice N. O. Adekola, Chief Judge of High Court Ibadan, Ibadan Judicial Division delivered on 9/7/99 in which he refuse the application by the defendant/appellant to set aside its judgment dated against the plaintiff dated 24/3/99.
(a) In the court below the plaintiff now (respondent) claimed against the defendant (now appellant) the sum of N4, 625,809.00 being the balance of money due to the plaintiff under the contract by which the plaintiff supplied 330 of 18mm thick coloured plywood and 10 tonnes of 12mm diameter high yield reinforcement to the defendant.
(b) Interest on the said sum at the rate of 21% from 21/5/97 till judgment is delivered and thereafter at the rate of 10% until the judgment is liquidated.
In his statement of defence the defendant denied the entire claim of the plaintiff and in paragraph 12(c) of the statement of defence he averred as follows:
"the defendant did…