ILORIN EAST LOCAL GOVERNMENT V. ALH. WOLI ALASINRIN & ANOR.

ITA GEORGE MBABA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the S. D. Kawu (Ag. CJ) of the Kwara State High Court in Suit No. KWS/277/2010, delivered on 1st 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, 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 and affidavit thereto did not save the situation, because, after considering the affidavit evidence and the Exhibit C, (a document from the Appellant) the Court concluded that there was no defence to the claim, and gave judgment to the Respondent.

Dissatisfied, Appellant brought this appeal, as per its Notice and Grounds of appeal filed on 31/3/2011, wherein the A…