RHODES-VIVOUR JSC (Delivering the Lead Judgment): The appellant as plaintiff sued the respondent on a writ of summons and statement of claim for: The sum of ₦8,866,670.00 (eight million, eight hundred and sixty-six thousand, six hundred and seventy naira) being and representing the balance of the contractual sum for the subcontract works awarded by the defendant to the plaintiff between 1999-2001 to terrazzo and skirt Blocks “A” “H” and Mortuary Building, respectively at the permanent site of the University of Port Harcourt Teaching Hospital, Port Harcourt. Interest of 10% of the said sum of money from the date of judgment until the same in liquidated. The defendant filed a statement of defence. At the trial which commenced on 3 October 2002, the plaintiff called a sole witness to prove its case and closed its case on 6 November 2002. The defendant opened its defence on 12 December 2002 and also called a sole witness to defend the suit. Documents to wit: exhibits A, B, C, D, E, F, G, …