MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, upholding a ruling of Ayorinde J (as he then was) of Lagos State High Court.
Before I go further into the substance of this appeal I find it relevant to explain, in a short narrative, the cause of the dispute which brought about the subject matter of this appeal. The respondent who was plaintiff before the High Court of Lagos State sued the appellant, as defendant and claimed N210,218,04 as damages for breach of contract. The case which was originally filed on 22/7/80 suffered several adjournments, and on 11/11/83, when both counsel for the parties were present in court the case was fixed for hearing on 18/4/84. On the adjourned date neither the defendant nor his counsel appeared and the Court directed the counsel for the plaintiff to call evidence in proof of the plaintiff's claim. At the conclusion of the hearing the court adjourned and delivered its jud…