The respondent was the plaintiff at the trial High Court of Kano State. He had brought his suit against the appellant, as the defendant, on the undefended list procedure claiming the liquidated sums -N6,550,000.00 made up of N6,400,000.00 as purchase price for a plot the defendant/appellant purportedly sold to him and which sale eventually turned out to be a mere hoax. The additional sum of N150,000.00 was demanded and received from the plaintiff/respondent for the perfection of title over the plot of land in favour of the illiterate plaintiff/respondent. The appellants had no title over the plot he allegedly sold to the respondent. A third party’s title to and over the plot was later confirmed by the Ministry of lands and Physical Planning; and N13,900,000.00 friendly loan the respondent had advanced to the appellant to reflate his business. The transaction was witnessed in writing by exhibit H4.

The liquidated sums of N6,400,000.00 and N150,000.00 were sums or money had and received for a failed contract or inter alia that he “did not and has never entered into any agreement to pay or refund any money to the” respondent.

The trial court, not impressed by the appellant’s dribbling skills on the undefended list procedure, entered judgment against him in the sum of N20,450,000.00 in favour of the respondent. The Court of Appeal (the lower court) dismissed his appeal against the decision of the trial court. In this further appeal the appellant articulates his grievances yet again.