<p><strong> EKPE, JCA (Delivering the Lead Judgment): </strong> At the High Court of A</p><p>Akwa Ibom State, Uyo judicial division, the plaintiff now appellant by a writ of summons sued the defendant now respondent and claimed as follows:</p><p>“The plaintiff claims from the defendant the sum of N210,000.00 (two hundred and ten thousand naira) being 60% of job completed before the defendant stopped further execution of the contract as per local purchase order reference IBLG/AD/8/10/S.1/Vol.1/76 dated 15th July, 1998, interest on the principal sum as well as cost of the action.”</p><p>The writ of summons was placed under the undefended list by the trial court pursuant to a motion <em> ex-parte </em> and a 14 paragraph affidavit in support filed by appellant. Annexed to the said affidavit are - exhibit “A”, the jobbing order for the construction/grading of 11 KM Edem Iyere/Ikot Essien/Isaso road at the cost of N350,000.00, exhibit “B”, an undated letter by the appellant to the respondent’s works superintendent calling for inspection a…</p>