AYOOLA, J.C.A. (Delivering the Leading Judgment): The issues on this appeal fail within a narrow compass. Unfortunately, those issues have delayed, for about 10 years now, the determination of a simple case of debt. The plaintiff (now "respondent" in this appeal) sued the defendant a registered company (now "the appellant") by a writ of summons issued on 27th October 1988 claiming a sum of ₦244,410 being as the respondent put it, "overdraft facilities which arose as a result of exchange rate fluctuations on sundry bills. The respondent duly filed its statement of claim. Upon an application brought under Order 9 rule 3 of the High Court of Lagos State (Civil Procedure) Rules 1972 the respondent obtained a default judgment in the sum charged against the appellant, the alleged default being its failure to enter appearance.
The appellant applied to set aside the default agreement and the "purported service of the writ of summons and other processes in the case." Its main ground was that th…