STANDARD CONSTRUCTION LTD V. ROMAC INTERNATIONAL LTD

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kano State, delivered on the 15th day of November 2007 by Bilyaminu Sabo Adamu J entering judgment in favour of the Respondent, as plaintiff.

The facts of the case are that, by a Writ of Summons in the Undefended List, the Respondent claimed the sum of N27,715,003.52 (Twenty Seven Million, Seven Hundred and Fifteen Thousand, Three Naira Fifty-Two Kobo) as the amount owed to the Respondent by the Appellant for the supply of iron rods. The case was, however, transferred by the lower Court to the general cause list for hearing. Pleadings were filed and variously amended. The Appellant included a Counter Claim in his Statement of Defence.

In the course of trial, the Respondent called one witness. The Appellant called two witnesses. As a result of protraction by the Appellant in the conclusion of its defence, the trial Judge closed the defence of the Appellan…