The Respondent as Plaintiff in the trial Court instituted an action against the Appellant (Defendant in the trial Court claiming the sum of Nl,320,013.83 (One Million, Thirteen Hundred and Twenty Thousand and Three Naira, Eighty-three Kobo) being debt owed by the Appellant to the Respondent.

The Respondent further claimed the pre and post judgment interest at the rate of 21% per annum.

By an Ex-pâté Motion, the Respondent sought an Order that the suit be entered under the undefended list. The application was granted and the writ of summons was consequently marked undefended list. When the summons and the Affidavit in support were served on the Appellant, Appellant filed a Memorandum of Appearance. Appellant however failed to file a Notice of Intention to defend the suit. There was also no Affidavit showing cause why the Defendant should be allowed to defend the suit.

Judgment was subsequently entered by the learned trial Judge against the Appellant under the undefended list in the claimed sum of Nl,320,013.83. The Court ordered the Appellant to pay Post judgment interest of 10% per annum from date of judgment until the entire debt is finally liquidated.

The Appellant was dissatisfied with the judgment. The Appellant wanted to appeal but failed to appeal within the period prescribed for appealing.

The Appellant subsequently brought an application to appeal out of time. The Application was struck out by the Court of Appeal on ground of incompetence. The Court of Appeal held that the application should have contained prayers for extension of time within which to seek leave appeal.

The Appellant appealed to the Supreme Court against the decision of the Court of Appeal.