This matter started as a Judgment of the High Court, Kwara State, Lokoja Judicial Division, coram Leslie, J But the history before that Judgment is equally interesting. The action was brought by motion for judgment under the undefended list. The claim that the plaintiff had brought was an action for what he termed -

“outstanding balance of N68,000.00 as Cost of furniture items thus supplied to the defendant and 10% interest per annum”

The motion on the undefended list came before the Court on 2nd December, 1987. The defendant company was not represented and the Ruling was entered in favour of the plaintiff on 8th December. The judgment of the court then was -

“The result is that the judgment is entered in favour of the plaintiff as per writ of summons for the sum of N68, 000.00 vide Order 3 Rule 12 of the High Court (Civil Procedure) Rules, 1975.

The defendant shall also pay 10% interest on the stated sum until judgment debt is finally liquidated:-vide Order 27 Rule 8 of the High Court (Civil Procedure) Rules 1975.”

Costs of N700.00 were also awarded.

On 22nd December 1987 an application was brought before the Court to

“set aside or vary the judgment”

After an exhaustive argument, Ruling was given thereupon on 19th February, 1988. The court (Leslie, J) dismissed the motion.

The defendant, Ben Thomas Hotels Ltd., appealed to the Court of Appeal. The main plank upon which the appeal was hung was that there was no proof before the learned trial Judge that hearing notice was served on any official of the defendant company. The Court of Appeal dismissed the appeal on all grounds.