The Respondent was the plaintiff in the High Court while the Appellant was the defendant. In the Warri High Court of the Bendel State Judiciary, the plaintiff took out a writ of summons against the defendant claiming as follows:

'The Plaintiff's claim is for the sum of N304,574.00 being the balance of pay¬ment in respect of goods sold and delivered by the plaintiff to the Defendant in Warri, Bendel Stale between February 1976 and June, 1977, on account at the Defendant's request. The plaintiff also claims interest at the rate of 6% per annum to the date of judgment, and thereafter, at 5% until total debt and costs is liquidated.

On the next adjourned date, the defendant's admitted the sum of 208,174.00 and stated that they had paid 8,000,00 but that there was still a disagreement in respect of £96,400.00.

The statement of claim had been filed before the admission was made by the defence counsel and thus it did not contain the admission. The defendant failed to file a statement of defence, the court heard the plaintiff’s witnesses and entered judgment for the plaintiff in the sum of 296,409.00. This judgment was subsequently set aside and the case relisted on the defendant’s application, who then filed its statement of defence which did not contain the earlier admission.

The trial Judge held that he could not give judgment on the admission because the plaintiff did not apply for judgment either by summons or oral application before the defendant joined issues with the plain¬tiff, and he dismissed the plaintiff's claim in its entirety.

The plaintiff appealed to the Court of Appeal where judgment was entered in his favour. The defendant further appealed to the Supreme Court.