However, by a letter addressed to the President of the Court dated 22nd
January, 2016, the 1st Defendant purportedly an advanced reasons why
the Defendants could not file their defence out of time. This is indeed
a strange procedure unknown to law. By a document titled statement of
defence filed on the 18/02/2016, the Defendants’ purported to file a
statement of defence without leave of Court and took no further steps to
defend the action.
5. ANALYSIS BY THE COURT :
The facts of this case are not in dispute. The Defendants entered into a
contract for the supply and maintenance of SAP infrastructure with the
Plaintiff for a sum of N 56, 415,422.00. This was evidenced by a contract
document dated 21st November, 2014 and signed by both parties.
The Plaintiff completed the contract on schedule and was issued a job
completion cerificate by the Defendants on the 18th of December 2015
which was within the four weeks completion period stipulated by the
contract.
By the executed contract document, full payment of the contract sum was
to be made within 30 days after the acceptance of the contract, and that
where the payment is delayed up to 120 days, after the payment was due,
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