The background of this case, is that the respondent allegedly supplied some goods to the appellant under a revolving contractual order. A dispute arose as to the actual goods supplied, payments made and balance outstanding. The respondent commenced an action under the undefended list against the appellant at the High Court of Akwa Ibom State, Eket Division, claiming N11,480,477.93 being cost of goods supplied, 21% prejudgment interest on that sum and 10% per month post judgment interest. The case was for hearing under the undefended list on the 5lh of December, 2006. On the 14th November, 2006, the appellant through its counsel filed a notice of intention to defend and an affidavit disclosing defence on the merit.

Preliminary objection was moved on 5th December, 2006 and reply taken the same day. The rejoinder was argued on the 15th December, 2006 for ruling. Before the next adjourned date, the trial Judge was transferred to another division and hearing de novo had to be commenced before another Judge.

The case thereafter suffered about three adjournments. When the case came up eventually for hearing on 7th December, 2007, the trial court struck-out the preliminary objection and proceeded to enter judgment for the plaintiff without considering the appellant's notice of intention to defend and affidavit disclosing defence.

In his judgment, the trial Judge granted 21% pre-judgment interest which was an unliquidated claim and 10% post judgment interest. The appellant has appealed against this judgment.