NIGERIAN CEMENT COMPANY PLC, EASTERN BULKCEM COMPANY LTD & CHIEF THEOPHILUS MUONEKE V. GODWIN UZOCHUKWU OBIDIKE

OREDOLA JCA (Delivering the Lead Judgment): This appeal is against the ruling of Nebo J. of the Enugu State High Court. The said ruling was delivered on 12 June 2008. The appellants were defendants in the Enugu State High Court sitting at Enugu hereinafter called the lower court. The respondent as plaintiff in the lower court instituted an action against the appellants under the undefended list procedure. The application for the issuance of the writ of summons thereon was filed on 23 June 2006. In paragraph 9 of his “claim on the undefended list”, the respondent claimed as follows:

“9. The plaintiff have as a result of the foregoing suffered loss and damage, whereof the plaintiff claim against the defendants as follows:-

(a) The sum of N18,995,682.82 (eighteen million, nine hundred and ninety five thousand, six hundred and eight-two naira and eighty-two kobo) being outstanding salaries and allowances from 1 July 2000 to 30 June 2006, less the sum of N120,000.00 (one hundred and twent…