SHEPHERED CONSTRUCTION COMPANY LIMITED V. MR. J. I. KINGSTON

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from a ruling by the High Court of Lagos State, in the Lagos Judicial Division, holden at Lagos (the court below) setting aside its judgment given in default of entry of memorandum of appearance plus the failure to file statement of defence by the respondent. The said default judgment that was set aside by the court below was entered in favour of the appellant against the respondent.

Concisely rendered, the appellant was contracted by the respondent to renovate the house of the respondent situate at number 32C Cameron Road, Ikoyi, Lagos. The total contract sum was N1, 803,433.75 (one million, eight hundred and three thousand, four hundred and thirty three naira seventy five kobo). The sum of N987, 000.00 was later paid to the appellant by the respondent for satisfactory renovation work done on the premises by the appellant.

At the end of the renovation of the premises, the unpaid balance of the agreed sum …