G. A. OGUNTADE J.S.C. (Delivering the Leading Judgment): The facts surrounding the dispute out of which this appeal arose are simple and straight-forward. The applicable principle of law is however, not entirely free from difficulty.
The respondent had issued a cheque in favour of the appellant. It was drawn on a bank in the United Kingdom. The cheque was in satisfaction of a debt of 199,711.00. Upon presentation on or about 21-04-93, the cheque was dishonoured. Subsequently and perhaps as a result of a demand for payment by the appellant, the respondent reduced his indebtedness by paying 88,000.00.pounds. This left outstanding the sum of 111,711.00. The respondent did not pay the balance. The appellant then issued a writ of summons under the undefended list procedure at the High Court of Justice, Queen's Bench Division in England. The writ of summons, statement of claim and other processes were served by substitution on the respondent in Nigeria. The respondent did not enter appearan…