This is an appeal and crass-appeal against the majority judgment of the Lagos Division of the Court of Appeal sitting in Lagos (Coram: Sulu-Gambari, Kalgo JJCA, as they were then) delivered on the 11th day of August 1994. Uwaifo J.C.A (as he then was) also on the same date delivered his dissenting judgment.

The appeal arose from the judgment of Adeniji J sitting then at the High Court of Lagos State in its Lagos Judicial Division. In that Court, the two Plaintiffs, Appellants/Cross-Respondents claimed jointly and severally from the Defendant/Respondent and Cross-Appellant, the sum of N45,387,264.42 (forty five million, three hundred and eighty seven thousand, two hundred and sixty four naira, forty two kobo) being outstanding debt owing to the Plaintiffs as a result of the loan granted by the 1st Plaintiff to the Defendant at his request which debt is now in the sum of US$9,747,914.44 (nine million, seven hundred and forty seven thousand, nine hundred and fourteen United States dollars and forty four cents) as at 31st July 1987, converted to Naira at the prevailing exchange rate on the 31st August, 1987 of US$1 to N4.6561 (b) the Plaintiffs also claimed interest on the said debt at the rate of 18% per annum from the 1st of September 1987 until judgment and thereafter at the rate of interest on the said judgment until the debt is liquidated.

The case was tried on pleadings and with the leave of Court, the parties also filed amended pleadings in pursuit of the different positions taken by them in respect of the dispute. And on the 27/7/90, the trial Court according to the records commenced with taking evidence in the matter. The Plaintiffs led evidence through their only witness. The Plaintiffs witness gave evidence and tendered some documents, which were admitted as exhibits. The case was at that stage adjourned to the 5th of October 1990 for continuation. But on that day, hearing was further adjourned without the Court taking any evidence. On the 10th of January 1991, the hearing of the case continued with the cross-examination of the Plaintiffs' witness. At a stage, hearing was adjourned to the 14th and 15th of March 1991 for continuation. On 14/3/91, no evidence was led and hearing was adjourned to 15/3/91. On 15/3/91, the learned trial Judge granted the Plaintiffs' application for leave to file an amended Statement of Claim. After that order, the trial Judge then granted leave to recall the first Plaintiffs' witness and adjourned further hearing to the 22nd and 23rd of May, 1991.

Further hearing of the matter was adjourned on 22/5/91 to 9/7/91. The matter was subsequently adjourned for trial to the following dates: 7/10/91; 14/10/91; 11/2/92; 14/6/92; 10/6/92; 30/9/92; 2/10/92; 15/3/93 and 15/6/93. No hearing took place on those dates. On 15/6/93, when the case was called, the parties were absent but only the learned counsel for the Plaintiffs was present in the Court. The counsel then moved the Court to close the case in view of the fact that both the Defendant and his counsel were not in Court. Sometime after the submission of the Plaintiffs counsel, the Defendant's counsel appeared in Court and informed the Court that his client was unfortunately not in Court, he consequently prayed for an adjournment. The application for adjournment was opposed by counsel to the Plaintiffs. The application was refused by the Court. The Court therefore closed the case of the defence and called for address. The learned counsel to the parties thereafter addressed the Court.

On 30/6/93 the learned trial Judge entered judgment against the Defendant. Dissatisfied, the Defendant appealed to the Court of Appeal which allowed the appeal.

The Plaintiffs appealed to the Supreme Court. The Defendant also cross-appealed to the Supreme Court.