ONNOGHEN JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Kwara State in Suit No. KWS/ 224/2002 delivered by Hon. Justice M. A. Folayan on the 19th day of March, 2003 in which he struck out the suit of the appellant under the undefended list on the ground that it constitutes an abuse of court process.
The facts of the case include the following; there was a business relationship between the parties to the action in which the appellant supplied its product, supreme flour, to the respondent on credit for sale to customers. The transactions resulted in an outstanding debt which the appellant sought to recover by action. The respondent however disputed the indebtedness by contending that the relationship between the parties is that of distributorship with agency No. 4002 in which the products of the appellant were supplied on credit to the respondent who in turn, supplies to retailers appointed by the appellant, also on credit. That payment …