PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment): The appellant as a plaintiff had instituted a suit against the respondent claiming a sum of ₦150,000.00 for work executed for the respondent but which despite repeated demands was not paid. The action was placed on the undefended list. Judgment was thereafter given to the appellant as the respondent for reasons best known to it refused or failed to file an intention to defend the suit. After the judgment was delivered, the respondent filed two motions viz:- one seeking for installment payment and, surprisingly another to set aside the judgment. Curiously enough, it admitted owing the appellant of the sum claimed in its affidavit for installment payment. It then made a sort of summersault and withdrew the two motions. The matter did not end there as it applied to the Court of Appeal for leave to appeal against the decision stating that the judgment of the High Court was a nullity because as it contended, the writ of summons was s…