AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellant contracted the Respondent to supply it with certain equipments worth 1.1 Million Naira. Upon the failure of the Appellant to pay up a balance of N200,000.00, the Respondent sought leave of the Kaduna State High Court, which was granted, to file an action against the Appellant under the undefended list.
The Appellant, however, filed a Notice of Intention to Defend, wherein it averred as follows in paragraphs 2 (b)-(g) of its Affidavit-
(b) That the Plaintiff was given 6 units of safety wears (shoes) which were manufacturers sample to show interested persons and companies.
(c) That the Plaintiff sold those samples with the mechanical drawings and converted the money to its own use.
(d) That the Plaintiff's Managing Director has made several promise to pay back the money, a total sum of N6 Million Naira only which up till date the Plaintiff refused to pay.
(e) That when the transaction in issue came up, the Plai…