Facts:

The Respondent entered into a contract with the Appellant sometime in September, 2014 for the sale and supply of Higer Buses to the Appellant. The goods were shipped by the Respondent to the Appellant who took delivery of them from the Tincan Island Port, Lagos with the aid of the original Bill of Lading sent by the Respondent.

The Respondent claimed that the Appellant failed to settle the outstanding contract sum owed. The contractual relationship between the parties went sour after repeated demands by the Respondent for payment was neglected by the Appellant. Aggrieved, the Respondent instituted an action at the lower court against the Appellant seeking for the payment of the contract sum with accrued interest agreed by parties. The Respondent also filed an application for Summary Judgment. In defence, the Appellant filed its statement of defence with accompanying documents as well as a counter-affidavit to the application for Summary Judgment. In its final decision, the lower Court held that the Appellant lacked defence to the claim and granted as prayed the application for Summary Judgment by the Respondent.

Dissatisfied, the Appellant appealed to the Court of Appeal.