Facts:

Facts:
The appellant, a Nigerian company, entered into an agreement with the respondent
a company registered in the United Kingdom for the supply of Bopp heat sealable
film in August, 2011. The price of the product was US$181,132.49 (One Hundred
and Eighty One Thousand, One Hundred and Thirty Two United States Dollars,
Forty Nine Cents). The respondent supplied the product as agreed but the appellant
only made part-payment of $37,441.99 (Thirty Seven Thousand, Four Hundred
and Forty One United States Dollars, Ninety Nine Cents) leaving a balance of $143,690.96 (One Hundred and Forty Three Thousand, Six Hundred and Ninety
United States Dollars, Ninety Six Cents). The respondent made several demands
for payment but the appellant failed to respond.
The respondent engaged the services of a firm of solicitors who wrote a letter to
the appellant demanding the outstanding sum. The appellant responded through
its solicitors admitting indebtedness to the respondent and proposing payment in
instalments of USD $10,000.00 (Ten Thousand United States Dollars) on a monthly
basis. Pursuant to this arrangement the appellant made three separate payments
to the respondent totaling (Twenty Thousand United States Dollars) and thereafter
failed to make further payment.
Consequently, the respondent filed an action at the Lagos State High Court, Ikeja
Division via the summary judgment procedure in order to recover the outstanding
sum including accrued interest. The appellant defended the suit by filing its process
and alleged that it was not indebted to the respondent. Furthermore, the appellant
contended that the materials supplied by the respondent were substandard, and
that this situation was communicated to the respondent who failed to act on
them; and that the instalments made had fully settled the indebtedness. After
hearing the parties, the trial court entered judgment for the respondent and held
that the defence of the appellant was a sham.
The appellant was aggrieved and filed a notice of appeal at the Court of Appeal,
Lagos Division urging the court to overrule the trial court. The sole issue raised for
determination was whether the appellant has in its frontloaded processes and
counter-affidavit in the lower court shown a defence on the merit which ought to
entitle it to defend the action.