KAWU, J.S.C. (Delivering the Leading Judgment): By a specially indorsed writ, the respondent in this appeal, as plaintiff in the High Court, claim from the appellant the sum of N375,000.00. This amount was said to be balance due and payable to the respondent as commission for the sale of 200,000 bags of granulated sugar calculated at the rate of N2.00 per bag. The respondent filed an affidavit in support of his application for summary judgment under order 10 rule 1 of the High Court of Lagos (Civil Procedure) Rules, 1972, and the relevant paragraphs of the affidavit read as follows:-
"I, Ganiyu Akanbi Sule, Nigerian citizen, businessman of 29, Marcarthy Street, Lagos, muslim, make an oath and declare as follows:-
1. That I am the plaintiff in the above suit.
2. That the defendants are indebted to me in the sum of N375,000.00 as claimed in the endorsement at the back of the writ of summons.
3. That the said sum of N375,000.00 represents the balance of due to me as my agency commissio…