I. T. MOHAMMAD, J.S.C (Delivering the Leading Judgment): With the leave of the trial court, the plaintiff, who is the respondent in this appeal, filed a writ of summons on the undefended list against the defendants. The defendants are now the appellants before this court. They filed their notice of intention to defend and attached to it an affidavit setting out the grounds of their defense.
1st appellant is a commercial bank with its head office in Lagos. 2nd appellant is a manager with the Kaduna North Branch of the 1st appellant. The respondent is a businessman resident in Funtua. Sometimes in 1999, the respondent was introduced to the 2nd appellant in Kaduna for the purposes of purchase of fertilizers in commercial quantities. When the plaintiff met the 2nd defendant, the plaintiff inquired from the 2nd defendant if there were fertilizers for sale in commercial quantities and he said yes, but that the fertilizers were being sold by the 1st defendant. The 2nd defendant informed the…