MBABA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of S. D. Kawu (Acting CJ) of the Kwara State High Court in suit No. KWS/277/2010, delivered on 1 February 2011, wherein the learned trial judge gave judgment for the claimants in a suit earlier placed on the undefended list. The claimants, (now respondents), had filed the suit against the appellant (who was defendant at the court below), seeking the payment of N11,492,151.00, (eleven million, four hundred and ninety- two thousand, one hundred and fifty-one naira) being balance of a contract sum and 10% interest thereon, until the judgment sum was finally liquidated. The appellant’s notice of intention to defend an affidavit thereto did not save the situation, because, after considering the affidavit evidence and the exhibit(a document from the appellant), the court concluded that there was no defence to the claim, and gave judgment to the respondents.
Dissatisfied, appellant broughtthis appeal, as per it…