TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling/Decision of the Rivers State High Court presided by N. Ogbuji (J) delivered on the 31/01/2005. The Respondent was the Plaintiff while the Appellant was the Defendant in the Court below.
The Respondent took out a writ of summons claiming the sum of N1,400,000.00 (One Million, Four Hundred Thousand Naira) being a refund of 1 year's rent from the 2 years rent of N2,800,000.00 (Two Million Eight Hundred Thousand Naira) paid by the Respondent to the Appellant in respect of 24 Forces Avenue, Port Harcourt.
The Respondent also claimed interest at the rate of 2% per annum from 14/08/03 till judgment is given. The application of the Respondent to place the suit on the undefended list was moved and granted on 29th November, 2004 and thereafter the suit was adjourned for hearing to the 31st January, 2005.
On the 31st January, 2005, instead of hearing the matter, judgment was entered in favour of the…