The claim which was for the sum of N5,377 374.20 being the principal and interest due on the money allegedly lent to the defendant by the plaintiff at 7% interest was first put on the undefended list by virtue of Order 3, Rule 8 of High Court of Benue state (Civil Procedure) Rules 1978. The defendant through his counsel and in accordance with Order 3 Rule 10 of the same Rules filed a notice of Intention to Defend the suit. The Notice was dated 17th august, 1987. It was served on the plaintiff. There was an affidavit in support. According to the affidavit the defendant deposed he was reliably informed by officials of the plaintiff/Bank at Idumota branch Lagos and the manager of the Plaintiff/Bank at Makurdi that the plaintiff had instituted an action against him for the said sum of N5,377,374.20 being money allegedly lent to him by the plaintiff. He denied the indebtedness and gave a breakdown of his various lodgments in the branches of the plaintiff/Bank in Makurdi, Idumota and Kaduna.

In the course of the proceedings the plaintiff had sought to tender the notice of intention to defend and the affidavit in support together with the annexures to the affidavit earlier served on the plaintiff to show that the defendant's denial in his statement of defence was not justified.

The defence objected to the admissibility of the documents on ground that the plaintiff failed to satisfy section 34(1) of the Evidence Act.

The trial Judge agreed with the defence and rejected the documents and marked them tendered and rejected.

The plaintiff appealed to the court of Appeal which dismissed the appeal and a further appeal from the decision of the court of Appeal went to the Supreme Court.