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OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Taraba State holden at Jalingo Judicial Division (hereinafter called the trial Court) delivered on 1st August, 2013 in Motion No. TRSJ/228M/2013.
The background facts leading to this matter from the perspective of the Appellant are that, on 25th September, 2012, the 1st Respondent instituted a suit against the Appellant for breach of contract before the trial Court in Suit No. TRSJ/81/2012 claiming as follows:
(a) An order of the trial Court for the payment of the Balance of the Contract Sum of eight hundred and eighty-five thousand naira (N885,000.00);
(b) General Damages of one million naira (N1,000,000) and
(c) The Costs of filing and prosecuting the suit.
According to the Appellant, he briefed a counsel, one Mr. O.S. Kara to defend him in the suit but the said counsel failed to cause an appearance to be entered for him and took no further action in pursuit of …