The respondent instituted an action at the Kano State High Court against the applicant for damages for negligence for injuries sustained by the respondent while operating a boiler in the applicant's company. The respondent called an expert medical witness to testify on the injuries he sustained.

The applicant company failed on several occasions to enter its defence thereby forcing the Judge to adjourn for judgment without the defence of the applicant company. They then brought an application for leave to enter into its defence but this was refused by the trial Judge on the ground that it was belated.

The applicant company consequently appealed against the refusal of the trial Judge to allow it enter into its defence and brought an application at the trial court for stay of proceedings pending the determination of the appeal.

The trial Judge granted leave to the applicant company to appeal against the ruling refusing leave to allow it to enter its defence but refused the application for stay of proceedings hence this application to the court of Appeal.