Respondent as plaintiff sued the appellant claiming the sum of N70, 760.64 being value of drugs and other pharmaceutical products sold to the appellant between January and February, 1987. The suit was originally brought under the undefended list of the court but was ultimately transferred to the general cause list of the court for hearing when the appellant filed the appropriate notice of its intention to defend the action. Thereupon pleadings were ordered, filed and exchanged between the parties before the matter went on full trial before Tijani Abubakar J. (As he then was) who in a reserved judgment found the appellant liable to the respondent in the sum of N56, 228.61 and entered judgment for the respondent in the sum against the appellant. In the same judgment, the learned trial Judge found the counter claim filed by the appellant against the respondent in the sum of N40, 159.80 not proved and dismissed the same.

Appellant appealed