PATRICK IBE AMAIZU J.C.A. (Delivering the Leading Judgment): In order to appreciate this appeal, it is necessary to refer to the facts leading to the appeal. Briefly the facts are the plaintiffs claimed by a writ of summons as follows-
''The sum of N347,335,857.05 (Three hundred and forty seven Million, Three hundred and Thirty five thousand, Eight hundred and fifty seven Naira, five kobo), being balance sum owed and payable by the plaintiff, in respect of loan by way of overdraft facilities, granted by the plaintiff to the defendants, in Account No. 36:070-830-2 at Plaintiffs Ring Road Branch, Benin City, within the Jurisdiction of this Honourable Court, Corporate Main Branch A/C 36-270-392 Z, Short Term Working Capital A/C NO.31-310-053 F and MTL 75-100-47 merged account NO. MTLCD0109500034/ 0030015706313 at Lagos covered by Deed of Guarantees dated 7/1/88 - 1/9/90 and 1/9/90 executed by the 2nd and 3rd defendants etc, etc, etc."
Later, the purchasers of the properties were joined t…