This appeal is against the judgment of the Court of Appeal, Kaduna division delivered on 15th July 2004 which dismissed the appeal filed before it by the appellant against the decision of High Court of Justice of Kano State delivered on 9th June 2001 which entered Judgment against the respondent under the Undefended list Procedure on the sum of one million, three hundred and ninety five thousand, five hundred and seventy nine Naira eighty one kobo (N1,395,579;81k).

The present respondent as plaintiff sued the appellant under the undefended list procedure at the High Court of Kano State (the trial Court) claiming the above-mentioned sum being outstanding balance (as at the 30th of April 1999) of an overdraft facility approved in favour of the appellant by the respondent bank.

Upon being served with the Court process, the plaintiff/appellant filed notice of intention to contest the claim by filling a seven paragraph affidavit. At the commencement of the trial the appellant admitted liability to the tune of three hundred thousand Naira N300,000) only and the trial Court thereupon entered judgment against the appellant on the sum admitted by the plaintiff/appellant and it thereafter transferred the suit to the general cause list with regard to the outstanding balance and adjourned the matter for hearing and ordered Parties to file their respective pleadings.

Subsequently, the trial High Court granted several adjournments due to the absence of the defendant, now appellant the case then adjourned to 19th June 2001 and on that day the appellant was not in Court or represented by a counsel hence the respondent upon proof that hearing notice was served on him appealed to the trial Court to enter judgment in its favour in respect of the amount outstanding against him (the appellant) and the trial Court obliged and entered Judgment on the outstanding sum of N1,398,589:81k against the plaintiff/appellant with 10% interest from the date of Judgment until full liquidation of the Judgment sum.

Aggrieved by the decision of the trial High Court, the defendant appealed to the Court of Appeal Kaduna division which dismissed his appeal. The appellant still dissatisfied with the Judgment of the Court of Appeal, has now appealed to the Supreme Court.