<p>IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant cross appeal, just like the main appeal [CA/C/227/2009], is equally a fall-out of the judgment of the High Court of Akwa Ibom State in suit No. HEK/148/2005, delivered on July 7, 2009. By the said judgment the Court below, Coram Ita G. Mbaba J. (as he then was) granted some of the declaratory reliefs sought by the present Cross - Appellant against the 1st cross-Respondent. The cross - Appellant was the 1st Respondent, while the 1st and 2nd Cross - Respondents were the Appellant and 2nd Respondent in the said main appeal, respectively.</p><p>It is trite, the vexed judgment of the Court below was to the following conclusive effect :</p><p>I hold therefore that the 1st Defendant breached the contract it had with the plaintiff when it failed to pay for service rendered to it (1st Defendant) as per the claims in Exhibit 23, which was not disputed upon entering into a conflicting contract with the 2nd Defendant though wi…</p>