<p><strong> MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the High Court No. 2Akure Ondo State delivered on 17th July, 1997 by Ogunleye, J. In that court the respondent herein was the plaintiff and filed their writ of summons and statement of claim, wherein the plaintiff claimed the sum of N677,374.44 (six hundred and seventy-seven thousand, three hundred and seventy-four Naira, forty- four kobo only). See pages 3 - 4 of the statement of claim. On pages 7 - 8 the defendants now appellant filed their statement of defence and urged the court to dismiss the action. The plaintiff also filed a reply to the statement of defence.</p><p>Pleadings were filed and exchanged. Hearing in the case commenced on 10/3/97. Plaintiff called one witness, and tendered some exhibits while the defence counsel announced on 12/5/97, that the defence is not offering evidence but addressed the court. After some arguments and submissions on the desirability or otherwise of the p…</p>