Facts:

Facts:
The respondent sued the appellants at the High Court of Lagos State to recover a
facility granted to the appellants. The respondent applied via the summary judgment
procedure. The appellants were duly served the originating process but failed to
file their response within the allotted time. Out of time, the appellants eventually
filed their process and attempted to regularize same by filing a motion and
supporting affidavit and paying penalty fees.

On the day of hearing of the motion for summary judgment, counsel for the appellant
informed the court about the processes filed and the fact that the appellants have
made a lodgment ofN550,000.00 (Five Hundred and Fifty Thousand Naira) to the
respondent as part payment for the outstanding debt and that the parties were
discussing and seeking ways to resolve the conflict. Counsel for the appellant
further informed the court that a similar matter involving the same parties and the
same cause of action was pending at another court. He asked the court to grant
the appellants time to regularize their position. This request was turned down by
the court which then ordered the respondent to proceed with its application for
summary judgment. Thereafter, the court dismissed the application of the appellants
and fixed a date for ruling.

The appellants made unsuccessful attempts to ensure that the application to
regularize was heard before the date of ruling by filling two separate applications
praying the court to consider its earlier application while the other was for extension
of time for compliance and a deeming order. The respondent filed a counter affidavit
and a written address to oppose the application. Another application initiated by
the appellants was also pending before the Honourable Chief Judge seeking to
consolidate the suits pending before two separate justices of the court. All these
applications were pending and were not heard before the trial judge delivered ruling on the application for summary judgment granting all the reliefs sought by the
respondent.
The appellants were aggrieved and filed a notice of appeal at the Court of Appeal,
Lagos Division. The respondent filed a preliminary objection on the allegation that
the grounds of appeal and the issues formulated by the appellants were new
issues not canvassed at the lower court and that leave of court was not sought
and obtained to file them.