IDO/OSI LOCAL GOVERNMENT V. HON. OLUFEMI ALUKO

MUNTAKA-COOMASSIE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Ekiti State High Court sitting at Ado-Ekiti, delivered on the 1/2/2005. The respondent, who was the plaintiff at the lower court, instituted an action under the undefended list,and claimed against the appellant, who was the defendant in that court as follows:-

A sum of N770,000.00 (seven hundred and seventy thousand naira) only being the balance of the contract fee of N850,000.00 (eight hundred and fifty thousand naira) for the GeotechnicalAssessment/Investigation of Mineral Resources in Ido/Osi local government which the defendant has failed to pay despite repeated demands. 10% interest on the said sum of N770,000.00 (seven hundred and seventy thousand naira) from 1st May, 2004 to the date of judgment and thereafter 10% interest per annum on the judgment debt until the whole judgment debt is liquidated.” On the 29/7/2004, the learned trial Judge granted the respondent’s application to p…