Facts:

The respondent filed a suit against the appellant at the High Court of Lagos State under the summary judgment procedure to recover a debt allegedly owed it by the appellant. The appellant, after being served with the process, failed or neglected to file its defence. Instead, it chose to file a preliminary objection to the jurisdiction of the court on the ground that the respondent lacked the requisite locus to institute and maintain the action against it. After hearing the application, the trial court gave judgment in favour of the respondent and held that the appellant was indebted to the respondent in the sum alleged. The appellant became aggrieved and filed a notice of appeal at the Court of Appeal, Lagos Division urging the court to set aside the ruling of the trial court.

The appellant contended that the trial court failed to grant its oral application for adjournment to file its defence and that the court delivered its ruling on a date meant for mention and not hearing and that by so doing, the court had denied its right to fair hearing. The appellant also contended that the court lacked jurisdiction to hear and determine the suit on the basis that the respondent is unknown to the appellant and as such the respondent lacked the locus to institute the action.