On 3rd August 1988, one Mr. J.O. Otegbade, an official of the appellant, by a Public Notice in the Nigerian Newspapers, notified the public of his appointment as Liquidator to wind up the affairs of Ridgeway Medical Enterprises Ltd. and invited claimants against the said company to submit their claims to him within 30 days from the date of publication of the Note.
On 8:8:88, the respondent forwarded his claim to the Liquidator and later instructed his Solicitor to write another letter dated 23:6:89 to the Liquidator.
The appellant's Solicitor thereupon wrote to the respondent's Solicitor imploring the respondent to allow the Liquidator complete the winding up of the company so as to settle every claim including that of the respondent.
The respondent's Solicitor thereupon wrote another letter dated 18th August 1989 to the appellant's Solicitor saying that his client would not wait for the liquidator to complete his assignment and thereupon filed a Suit on the Undefended List against the appellant at High Court, Kaduna claiming as follows: -
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"The Plaintiff's claim against the Defendants jointly and severally is for the sum of N29,718.00 (Twenty-nine thousand, seven hundred and eighteen Naira) being the cost of drugs supplied to Ridgeway Medical Enterprises Limited on credit at its request, the defendants being a firm of Accountants engaged in the winding-up of the said Ridgeway Medical Enterprises Limited, and the said sum having remained unpaid since 18th July, 1988, despite repeated demands.The plaintiff claims interest on the said sum at the rate of 20% per annum from 18th July, 1988 to date of judgment and thereafter at the rate of 15% till the total sum is liquidated"
On 14th November 1990, the respondent filed a motion on Notice under Order 11 rule 9 of the High Court (Civil Procedure) Rules 1987, Kaduna State.
On 16:1:91, the appellant filed a Notice of Intention to defend and on 7th March 1991, the High Court Kaduna presided over by Justice A.D. Yahaya ruled that the affidavit in support of the Notice of Intention to defend the Suit did not disclose any defence on the merits and thereupon entered judgment in favour of the respondent for the date of judgment and at 10% from the date of the judgment until the judgment debt is liquidated.
Dissatisfied with the judgment, the appellant has now appealed to this Court.
