Facts:

The Appellant as defendant filed a statement of defence on 27th July, 2000. In 2004, when the Lagos State High Court (Civil Procedure) Rules came into force, the parties were required to follow the new rules. The Respondent Therefore, refiled its claims and complied with the new rules. Thereafter, the front-loaded processes were served on the Appellant, as defendant. The Appellant did not file its accompanying documents in relation to the processes filed and served on it. At the pre-trial conference, the High Court (trial court) was informed that the defendant/applicant was served and was absent in Court. The trial Court was satisfied that the defendant/Appellant had been duly served, judgment was accordingly entered in favour of the Claimant/Respondent. The Claimant/Respondent thereafter levied execution of the default judgment. The Appellant then filed a motion on notice and prayed, for a stay of further execution of the default judgment, an order setting aside the default judgment and an order for the release of the Appellant’s vehicles held in execution of the Judgment. When the motion was argued, the learned trial judge delivered ruling dismissing the application of the Appellant.
Aggrieved, the Appellant lodged an appeal at the Court of Appeal, Lagos Division lower court). The lower Court in its judgement dismissed the Appellant’s appeal and affirmed the decision of the trial court.
Further aggrieved by the decision of the lower court, the Appellant appealed to the Supreme Court.