WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Benin in Appeal No. CA/B/234M/99 delivered on the 13th day of May, 2002 allowing the appeal of the present respondent against the judgment of the High Court of Delta State in suit No. W/308/98 delivered on 8th March, 1999 in which the court entered judgment in favour of the present appellant under the Undefended List procedure.
The action was instituted at the High Court under the Undefended List Procedure for:
"(a) The sum of N3,433,500. (Three Million, Four Hundred and Thirty-Three Thousand, Five Hundred Naira) being the sum due to the plaintiff on the jobs executed by the plaintiff at the request of the defendant as at April, 1998.
(b) 15% per annum interest on the sum of N9,433,500 (Three Million, Four Hundred and Thirty-Three Thousand, Five Hundred Naira) from 1/5/98 to the day of judgment and
(c) 10% per annum interest on the judgment s…