4
As I stated in the early part of this judgment, the defendant did
not file its statement of defence. The action is therefore left
undefended.
In the case of Egesimba v. Onuzurueike (2002)15
NWLR (pt. 791) 466. Ayoola JSC (as he then was) put the position of
the law in such situation thus: “where the only pleading filed is the
statement of claim, absence of a statement of defence means that no
issue is joined.”
In the absence of any issue joined, the court is
entitled to deem every allegation of fact contained in the statement
of claim as established without further proof against the defendant.
See Arimi v. Bashorun & Ors. (1979)1 FNR 226. In Okoebor v. Police
Council (2003)12 NWLR (pt.834)5 S.C.11, the Supreme Court per Niki
Tobi JSC (as he then was) put the position of the law in these words:
“The basic principle of law is that where a defendant fails to file
a defence, he will be deemed to have admitted that claim or
relief in the statement of claim.”
In the instant case, the Plaintiff went ahead to lead evidence on
his pleaded facts which was left unchallenged and uncontroverted. I
am therefore, prepared to enter judgment in his favour.
The claim as contained in paragraph 14 of the Plaintiff’s
statement of claim is for:
(a)
A declaration that the Plaintiff is entitled to be paid by the
defendant the sum of N6,315,650.00 being value of work
done for the defendant as per the defendant’s interim
valuation of 5th December, 2011.
(b)
An Order of court directing the defendant to pay to the
Plaintiff the sum of N6,315,650.00 being sum due and