MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): By a writ of summons dated 17/10/2000 issued on the undefended list the plaintiff/respondent claimed against the defendant/appellant as follows: “The plaintiff claims against the defendant the sum of N4,308,000.00 (four million, three hundred and eight thousand naira) only being commission on the sale of 120 Units of 504 Peugeot Pick-Up Van valued at N189,740,250.00 by the plaintiff and one Mr. Vadon Jaide of the defendant to INEC in 1998 and for which they were entitled to an agreed commission of 6% of the value of the goods sold, later reduced to 2% commission but in respect of which the defendant has refused to pay despite repeated oral and written demands.” The writ of summons was supported by an affidavit the relevant averments of which are reproduced below as follows: “3. I was informed by the plaintiff in our office and I verily believe him as follows:- That he gained employment with the defendant company in 1987 as an Ac…