The plaintiff’s claim against the defendant is for the sum of N149,500.00 being the balance of money collected from him for the purchase and supply of fertilizer, which the defendant refused or neglected to pay, inspite of several demands and an agreement, in which the defendant gave an undertaking to refund the same by 31st December, 1999. The writ of summons was caused to be issued, under undefended list, pursuant of order 22 rule 1 of the Kaduna State High Court (Civil procedure) Rules, 1987.

The defendant filed notice of his intention to defend supported by affidavit disclosing defense on the merit. The suit was eventually transferred from the undefended to the general cause list.

At the end of trial the trial court entered judgment in favour of the respondent against the appellant in the sum of N64, 500.00 being balance of his N203, 000.00 advanced to the appellant. The respondent was also awarded N10, 000.00 as general damages. The appellant’s counter claim was dismissed.

Aggrieved, the appellant appealed to the Court of Appeal.