RHODES-VIVOUR JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of Honourable Justice I. U. Bello of the High Court of the Federal Capital Territory, Abuja, delivered on 14 November 2002 in suit No: FCT/HC/CV/380/2002. It arose as follows: The 1st respondent was the plaintiff in the court below, where it claimed against the 2nd respondent and the appellants (the defendants) the sum of N629,000 being the amount due and payable to it for jobs executed for them at Asokoro, Abuja.
For a clearer picture, the defendants in the court below were in the following order:
Kost Associates
Admiral Mike Akhigbe
Anchorage Holdings Ltd
Engineer Jude Bassey
Arc. Itoro Umoren
The 1st defendant on being served the originating processes filed its statement of defence on 23 May 2002. It also filed a counter-claim on 7 June 2002. The defendants to the counter-claim were the 2nd, 3rd, 4th and 5th defendants. That is to say, the 1st defendant in the original action sued his co…