G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): This case undoubtedly originated from the High Court, Ibadan, where the present respondent, that is the Attorney-General of the Federation, had sued the appellant, as defendant therein, on a writ endorsed as follows:
"1. The plaintiff's claim against the defendant is for a sum of 644: 16:2d (Six Hundred and Forty Four Pounds, Sixteen Shillings and Two Pence) being the amount granted to the defendant as a loan by the Federal Government of Nigeria under an Agreement dated 30th October, 1952."
The case came up before the learned Chief Justice of the Western State on the 18th September 1972, and pleadings were duly ordered and, in pursuance of that order, the plaintiff duly filed a statement of claim. When the case was mentioned before the learned Chief Justice again on the 18th September, 1972, the defendant was not in court and the records show that it was recorded of him that "defendant served but absent". As he could not be fou…