<p><strong><span style="background-color: transparent">OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): </span></strong><span style="background-color: transparent">The judgment on appeal is in respect of a contract of sale of a sack making machine. The respondent in this appeal Alhaji Salisu Musa Buhu was the plaintiff at High Court of Kano State (the lower Court). He commenced the action under the undefended list procedure. However, the lower Court presided over by Dije Abdu Aboki J in a Ruling delivered on 19/3/13, granted the defendants Alhaji Habibu Yalo and Salisu Habibu Yalo who are the appellants in this appeal, leave to defend the action and therefore transferred the suit to the general cause list for hearing. As gathered from the respondent’s statement of claim, he had an agreement with the 1st appellant for the purchase of a sack making machine. The agreement was entered into on 26/4/2011. The agreed purchase sum was N14,500,000.00. However, the 1st appellant paid the sum of N11,700,000.00 and promised to pay the balance of N2,800,000.00. The sack making machine was…</span></p>