The respondent as plaintiff instituted an action against the appellant as defendant. The claim was for N300, 000.00 (Three Hundred Thousand Naira) being the cost of 200 packets of industrial pins supplied to the defendant. The plaintiff also claimed interest at the rate of 25% per annum on the sum from December 1996 until judgment and thereafter at 10% until the entire debt is liquidated. The particulars of claim together with the affidavit in support was placed on the undefended list pursuant, to Order 23 of the Plateau State High Court Civil Procedure rules 1987. The facts relied on are set out in the affidavit in support of the claim together with exhibit attached thereto i.e. exhibits CCI - CC4.

On being served with the plaintiff's claim, the defendant ii led a notice of intention to defend together with an affidavit in which he denied the plaintiff's claim with exhibits A-D.

The trial court in a considered ruling refused to let the appellant defend the action and consequently granted the respondent's claims.

Dissatisfied with the decision of the trial court, the appellant appealed to the Court of Appeal.