MOHAMMED LAWAL GARBA, J.C.A. (Delivered the Leading Judgment): This appeal is against the decision of the Kogi State High Court sitting at Koton-Karfe delivered on the 12/11/08 in Suit No. HC/KK/030.CV/2004 by which judgment was entered in favour of the (Respondent who was the Plaintiff in the case). The Respondent had initially taken out a writ of summons entered under the undefended list by the High Court on which were endorsed claims for the sums of Four Million Naira (4,000,000) and Five Hundred Thousand Naira (N500,000) as costs of goods had and received by the Appellant and general damages for breach of contract respectively. Eventually the Appellant was granted leave to defend after he delivered his notice of intention to defend the suit as required by the Rules of the High Court.
The suit was however heard and determined on the affidavit evidence filed by the parties in support of their different positions on the order of the High Court. After taking oral evidence and addresse…