This is an appeal against the judgment of the Court of Appeal, holden at Kaduna in appeal No. CA/K/93/ 2001 delivered on the 14th day of April, 2003 in which the Court allowed the appeal of the present Respondent against the judgment of the High Court of Kano State in suit No. K/849/99 delivered on the 19th day of July, 2000 dismissing the case of the Plaintiff/ Respondent herein.

The suit started by way of an Undefended List procedure in which the original Plaintiff. Trade Bank Plc claimed the sum of one hundred and seventy-one million, four hundred and fifty-two thousand, six hundred and forty-nine Naira and fifty-two kobo (N171,452,649.52) being the debt owed by Rasha Enterprises Ltd. to it and guaranteed by the Appellant. Following the filing of the necessary processes, the suit was, by order of Court, transferred from the Undefended List to the General Cause List to be dealt with accordingly. Pleadings were consequently filed and exchanged. The case of the Plaintiff was that Rasha Enterprises Ltd. was its customer at its Kano Branch and that credit facilities were extended to the company upon its application; that the said company provided collateral security by way of Bill of Sales Agreement and a personal guarantee executed by the Appellant in favour of the Plaintiff sometime in 1996; that as at the 25th day of October, 1999 the account of the said company had a debit balance of N171,452,649.52; that inspite of repeated demands made on the said company, the debt remained unpaid, hence the action; that when the principal debtor failed to pay Plaintiff made a demand on the Appellant being the guarantor but he refused to respond as a result of which the action was instituted to enforce the guarantee.

On his part, Appellant totally denied the transaction, that he never executed any guarantee in favout of the Plaintiff on behalf of the company in question that the Plaintiff and Rasha Enterprises Ltd. were not duly incorporated and that the credit facility extended to Rasha Enterprises Ltd. was not secured by any collateral.

At the conclusion of the trial, the learned trial Judge entered judgment against the Plaintiff resulting in an appeal by the present Respondent which was allowed and judgment entered in favour of the Respondent as per their statement of claim. The instant appeal is against that judgment.