Appellant had sued respondent for the sum of N82, 398.56 as unpaid balance of a debt outstanding on the sale of motor vehicles and spare parts to the appellant by the respondent. Interest was also claimed.

Respondent called two witnesses and closed its case. Before opening its defence the appellant brought an application to amend his statement of defence which was refused. His subsequent appeal to the Court of Appeal on this point was allowed and hearing resumed at the High Court.

When hearing resumed there were several adjournments mostly at the instance of the appellant. When it commenced its evidence with the appearance of the Managing Director of the appellant, a further adjournment was called for.

On the adjourned date the defence counsel informed the court that his witnesses were not in court and he asked for another adjournment whereupon one of the witnesses subpoenaed by the defence, the Advances Officer with the Jos branch of First Bank, announced his presence in court but learned counsel for the defence still asked for an adjournment on the ground that he never had any opportunity to interview the officer before the case. The court agreed to a brief standown of the matter.

Upon resumption, learned counsel informed the court that the witness did not bring with him cheques needed for the defence and again pleaded for an adjournment whereupon the court refused and asked both counsel to the parties to address the court.

Defence counsel refused to close the defence case and the court proceeded to close the case for the defence.

Appellant then filed an application for leave to re-open and continue the defence which was refused. Both counsel addressed the court and judgment was given against the appellant in the sum claimed.

Dissatisfied appellant appealed to the Court of Appeal.