ALHAJI SULE HARUNA TAHIR AL-SUL TAHIR OIL CO. LTD. V. J. UDEAGBALA HOLDINGS LTD.

BA'ABA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Yusuf J. of the Kano State High Court of Justice sitting at Kano and delivered on 26/3/2001. In the action filed under the undefended list by the respondent who was the plaintiff, the claims were for:- “N2,768,000.00 being sum owing by the defendants in favour of the plaintiff on account of goods sold and delivered by the plaintiff to the defendants at their request in Kano, in 1999.”

As the action was filed under the undefended list, the appellants as defendants in accordance with the rules of the lower court, Order 23 of the Kano State High Court (Civil Procedure) Rules, 1988, duly filed their notice of intention to defend the action together with an affidavit in support of that notice. The learned trial Judge after considering the affidavit in support of the action and the affidavit in support of the notice of intention to defend A the action, in a considered judgment, delivered on 26/3/2001, came…