ARAB CONTRACTORS (O.A.O.) NIGERIA LTD. V. EL-RAPHAAL HOSPITAL AND MATERNITY HOME INVESTMENT CO. LTD. & ANOR

ABDU ABOKI, JCA (Delivering the Leading Judgment): This Appeal is against an interlocutory decision of the High Court of the Federal Capital Territory, Abuja delivered on the 22nd day of May, 2006 by Salisu Garba J.

The fact of the case briefly is that the Appellant entered into a retainership agreement with the Respondents for the medical treatment of the Appellant's members of staff in the Respondent's Hospital. During the course of their relationship, dispute arose between the parties as a result of which the Respondents instituted this action against the Appellant. The Respondents' commenced their action by a Writ of Summons and Statement of claim, where they claim as follows:

"1. The sum of three million and thirty thousand Naira (₦3,030,000.00) only being outstanding medical bills for medical services rendered to the Appellant's staff in line with the medical retainership agreement between the Appellants and the 1st Respondent.

2. The Respondents claim against the Appellant the …