ISA AYO SALAMI, J.C.A. (Delivering the Leading Judgment): The plaintiff's claim against the defendant is for the sum of N149,500.00, being the balance of money collected from him for the purchase and supply of fertilizer, which the defendant refused or neglected to pay, inspite of several demands and an agreement, in which the defendant gave an undertaking to refund the same by 31st December, 1999. The writ of summons was caused to be issued, under undefended list, pursuance of Order 22 rule 1 of the Kaduna State High Court (Civil Procedure) Rules, 1987.
The defendant filed notice of his intention to defend supported by affidavit disclosing defence on the merit. The suit was eventually transferred from the undefended to the general cause list.
Pleadings were consequently ordered, filed and exchanged accordingly a statement of claim and amended statement of defence. The plaintiff's claim adumberated in paragraph 33 of his statement of claim reads inter alia as follows: "In consequence…