The Plaintiff filed a suit under summary procedure against
the Defendant for failure by the Defendant to pay for the fuel supplied by the
Plaintiff on credit. The Plaintiff alleges that the Defendant attempted to
effect payments vide issuing post-dated cheques which were all dishonoured upon
presentation for encashment with a “refer to the drawer” endorsement. The
Plaintiff argued that it is about 53 days since the Defendant had been served
and there was neither an application for leave filed nor leave granted to the
Defendant to appear and defend the suit. The affidavit of the process server
indicates that the summons was served to the Defendant’s human resources
officer. He prayed for judgment to be entered in its favour.