BA’ABA JCA (Delivering the Lead Judgment): The appellant andone Mainasara Sada, now deceased, were the plaintiffs, in the Upper Area Court, 1, Sokoto where they instituted an action against the defendant now respondent claiming as per their plaint note as follows:
“Plaint Note
We,Alhaji LabaranAmmani andAlhaji Mainasara Sada hereby sue Abubakar Shehu Tambuwal concerning our money which we gave for business purpose since 1998, up till now he did not give us the profit made nor the capital. We gave to him the sum of (three million naira only) N3,000,000.00k on an agreement that he will take 30% of the profit made while the two (2) of us will take 35% each, but up to now he did not give us our money. We therefore want him to appear before court and pay us our money and also explain to the court whether he made any transaction with the money and the profit made so that he give us our percentage and if no transaction was made at all and the money was just kept he should give us our money…