IN THE HIGH COURT OF JUSTICE OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA BEFORE HIS LORDSHIP: HON. JUSTICE I. M. BUKAR SUIT NO. FCT/HC/CV/4147/2012 Date of delivery: 12th February, 2013 BETWEEN: METROTILES NIGERIA LTD…………………………………………...PLAINTIFF AND EIGHT O. THREE PLUS INTERNATIONAL LTD……………….DEFENDANT Mr. Ejike Nwafor……………………………………………………..for the Plaintiff Mr. Ikoroha – with him Mr. C. U. O. Ebubelor – holding the brief of Mr. Ugo Nwafor………………………………………………….for the Defendant JUDGMENT On the 24th day of July, 2012, Metrotiles Nigeria Limited hereinafter referred to as the Plaintiff, applied to the court for the issuance of a writ of summons against Eight O. Three Plus International Limited hereinafter referred to as the defendant, pursuant to Order 21 Rule 1 of the Rules of this court. The writ, together with the accompanying affidavit were considered and the suit was entered for hearing under the undefended list. Service of the originating process was effected on the defendant on the 9th day of October, 2012 and pursuant to Order 21 Rule 3 (1), the defendant filed its notice of intention to defend