OGEBE, J.C.A. (Delivering the Leading Judgment): The 1st respondent sued the present appellant as 2nd defendant and the present 2nd respondent as 1st defendant before the High Court of Kaduna in a writ of summons endorsed as follows:
'The plaintiff claims against the defendants jointly and severally the sum of N220,000 (Two hundred and twenty thousand naira only) being the amount of the goods i.e. dry pepper taken by the defendants from the plaintiff arising from a mutually agreed contract.
The said sum of N220,000 (Two hundred and twenty thousand naira) has fallen due but the defendants failed, neglected and or refused to pay as agreed by the defendants.
WHEREOF the plaintiff claims against the defendant the said sum of N220,000 with interest at 10% per annum from 10th day of May 1993 until judgment is delivered."
The 1st respondent who was plaintiff in the court below filed a statement of claim in which he mixed up the names of the defendants and made the 1st defendant in the writ o…