NATIONAL INSTITUTE FOR POLICY AND STRATEGIC STUDIES (NIPSS) V. KRAUS THOMPSON ORGANISATION LIMITED

OGUNTADE, JCA (Delivering the Lead Judgment): The respondent was A the plaintiff before the Lagos High Court and the appellant the defendant. On 20 March, 1996, the plaintiff issued a writ of summons accompanied by a statement of claim, claiming from the defendant as follows: “(a) The sum of SWFr 13,937.00 (Thirteen thousand, nine hundred and thirty-seven Swiss Francs) and $35,418.00 (thirty-five thousand four hundred and eighteen US dollars) being the outstanding sums for the supply of books, periodicals and/or journals supplied to the defendant on credit. 10% interest yearly on the outstanding debt from 1983 until final liquidation of the debt.

Such sum or sums of money that the defendant may be found liable to the plaintiff in the course of the trial, and The cost of this litigation.”

On 24/4/96, the plaintiff filed an application to enter final judgment against the defendant in default of appearance and defence. The lower court on 13/5/96 entered judgment against the defendant. On…