The plaintiff claimed against the defendant the sum of N340,000.00 being the balance of the sum of N940,000.00 being the price of 40 metric tonnes of high density polythene injection material sold and delivered to the defendant and for which the defendant failed or neglected to pay inspite of repeated damands.

The suit was fixed for hearing on 18th January, 1994 and on thad day the court entered judgment in favour of the plaintiff without giving consideration to the defendant's notice of intention to defend which was filed on 13th January, 1994 and was still pending before the court on the day judgment was entered in favour of the plaintiff.

The appellant was aggrieved with the decision of the trial court, appealed against it.