Facts:

The appellant as a plaintiff had instituted a suit against the respondent claiming a sum of N150,000.00 (One hundred and fifty thousand naira) for work executed for the respondent but which despite repeated demands was not paid.

The action was placed on the undefended list. Judgment was thereafter given to the appellant as the respondent for reasons best known to it refused or failed to file an intention to defend the suit. After the judgment was delivered the respondent filed two motions; one seeking prayers for installment payment and, another to set aside the judgment. The respondent admitted owing the appellant the sum claimed in its affidavit for installment payment. It then withdrew its motions.

The respondent applied to the Court of Appeal for leave to appeal against the decision stating that the judgment of the High Court was a nullity because as it contended, the writ of summons was served less than 8 clear days to the hearing date, and that interest ought not to have been awarded. The Court of Appeal upheld the argument that the judgment of the court below it was a nullity for non observance of the 8 days period because the respondent was served with the writ 6 days before the date fixed for the hearing of the case. The appellant appealed to the Supreme Court.