The Appellant as a Plaintiff had instituted a suit against the Respondent claiming a sum of N150,000.00 for work executed for the Respondent but which despite repeated demands was not paid. The action was placed on the undefended list. Judgment was thereafter given to the Appellant as the Respondent for reasons best known to it, it refused or failed to file an intention to defend the suit. After the judgment was delivered the Respondent filed two motions viz:- one seeking prayers for instalment payment and, surprisingly another to set aside the judgment. Curiously enough it admitted owing the Appellant of the sum claimed in its affidavit for instalment payment. It then made a sort of somersault and withdrew the two motions. The matter did not end there as it applied to the Court of Appeal for leave to appeal against the decision stating that the judgment of the High Court was a nullity because as it contended, the writ of summons was served less than 8 clear days to the hearing date, and that interest ought not to have been awarded. The Court of Appeal upheld the argument that the judgment of the Court below was a nullity for non-observance of the 8 days period because the Respondent was served with the writ 6 days before the date fixed for the hearing of the case. Piqued by the decision of the Court of Appeal the Appellant then appealed to this Court.