This is an appeal against the decision of the Court of Appeal delivered on 28 June, 2007 which affirmed the decision of the High Court of Edo State sitting in Benin.

The respondent was the plaintiff at the Edo State High Court, wherein the action it filed against the appellant was placed on the undefended list, upon its request. The appellant subsequently filed a notice of intention to defend the action on the ground that the debt in question was statute barred after ten years of accrual, and that he did not guarantee any facility for Chief S. E. Okonofua.

After hearing evidence and addresses of counsel, the learned trial Judge, (Desalu, J.) dismissed all the three arms of the claim in their entirety.

The learned trial judge, Itua J., found that the appellant had no defence to the claim, and entered judgment for the respondent. Dissatisfied, the respondent appealed to the Court of Appeal, and in dismissing his appeal, the Court of Appeal held that the suit was not statute barred as the cause of action was predicated upon demand and refusal to pay, and not otherwise, as provided in the agreement of the parties; and that the affidavit disclosing a defence must not be a sham defence but must condescend on particulars.

Further dissatisfied, the appellant has appealed to this Court.