By a Writ of Summons filed on 4th May 1998 in Suit No KD4/KAD/257/98 at the Kaduna State High Court, the Respondent as Plaintiff sued the Defendant/Appellant, Ataguba and Company being the business name of Mr. E.E. Ataguba a legal practitioner of No. 27 Ali Akilu Road, Kaduna. The claim was for the sum of N 750,000.00 (Seven Hundred and Fifty Thousand Naira Only) with interest at the rate of 21 % from 11th May, 1995 till the date of Judgment and thereafter at the rate of 10% until the judgment sum .is liquidated. The principal sum claimed represents the amount paid by the Respondent to the Appellant as the purchase price of a DAF Truck with registration No. KD 144 SR which vehicle was later retrieved from the Respondent upon the sale being set aside by the Court pursuant to an interpleader proceeding. The suit was filed under the "Undefended List" procedure and was supported by an affidavit of nine paragraphs (with two exhibits) sworn to by Tahir Saleed, a Litigation Officer in the firm of Sofianu Saleh Gadem & Co., the solicitor to the Respondent.

Upon being served with the summons, the Appellant through his counsel entered a conditional appearance on 16th June 1998 and later on 7th July filed a Notice of Intention to defend the suit accompanied with an affidavit sworn to by the Appellant to which affidavit were annexed four Exhibits. Furthermore, the Appellant filed on 7th July 1998 a Notice of Preliminary Objection to the effect that the Appellant, as named, Ataguba and Company, is not a Juristic person and as such the suit should be struck out as the Court had no jurisdiction to entertain same. This objection appeared to have been glossed over.

The trial Court took the argument of counsel on the "Notice of Intention to defend" and in a ruling delivered on 20th July, 1998, the learned trial Judge, Kurede J, held that the Appellant had not by his affidavit disclosed a defence on the merit to warrant the transfer of the suit to the general cause list and thereupon, he proceeded to enter judgment for the Respondent in the sum of N750,000.00 (Seven Hundred and Fifty Thousand Naira Only), without costs.

Against that ruling, the Appellant lodged an appeal to the Court of Appeal. The Court of Appeal, Kaduna Division, in a unanimous decision dismissed the appeal both on the objection on the personality of the named Appellant and the merits of the case.

Still dissatisfied, the Appellant appealed to the Supreme Court.