However, the business of the Court did not permit it to sit on that day and
the matter was adjourned to 06th June,2016 for judgment.
On the said day, the judgment was not ready and the matter adjourned to
the 5th of July, 2016, however, the Court did not sit on that day due to the
Eid-el Fitri holiday.
As earlier noted, there is no dispute to the facts of this case especially as
the Defendants did not file a defence. The Rules of this Court, particularly
Rule 90(1), enjoins the Court to enter default judgment on behalf of the
Plaintiff where the Defendant fails to enter appearance or file a defence.
However, entering judgment in default is not a matter of course. The Court
must examine the totality of evidence provided by the Plaintiff to determine
whether there is a cause of action and if the claim has been satisfactorily
proved.
From the uncontroverted evidence presented by the Plaintiff the following
facts were clearly established
a. The Plaintiff and the Defendants entered into a contract evidenced
by a written document attached to this claim.
b. The Contracts were in two tranches, the first tranche was for the sum
of supply and maintenance of SAP equipment and services for the
sum of N35, 716, 422.00 (Thiry five million, seven hundred and
sixteen thousand, four hundred and twenty two naira only. This sum
have been fully paid by the Defendants to the Plaintiff
13