NGWUTA JCA(Delivering the Lead Judgment): This appeal is againstthe judgment ofAnigboro J. of the Otu-Jeremi Judicial Division of the High Court of Delta State.
The respondent (then plaintiff) sued the appellant as defendant, claimingas follows:
“... the sum of N7,395,507.90 (seven million, three hundred and ninety-five thousand, five hundred and seven naira and ninety kobo) beingamount due and payable to plaintiff for the execution of contract for the extension of electricity to Ewu Town between 1991 and 1996 which contract has been executed and verified by the defendant. The defendant hasfailed, refused and neglected to pay same despite repeated demands.” The writ of summons was issued on 11th November 1999. On the same day, the plaintiff filed a motion dated 9th November 1999 prayingthe lower court for “an order enteringthe writ of summons filed hereto upon issuance on the undefended list”
Along with the motion was filed an 11 - paragraphed affidavit in which it was deposed to in pa…