BIEZAN EXCLUSIVE GUEST HOUSE LTD MR. BILLY ANYANWU MADAM FLORENCE PEPPLE V. UNION HOMES SAVINGS & LOANS LTD

AWOTOYE JCA (Delivering the Lead Judgment): This is the judgment in respect of the appeal of the defendants/appellants against the decision of the Port Harcourt High Court of Rivers State delivered on 2 May 2007. The appellants filed notice of appeal containing 12 grounds of appeal on 23 May 2007.

The grounds of appeal as per the notice of appeal are:

“Grounds of appeal”

The learned trial judge erred in law when she held thus “I hold therefore that the claimant’s claim as per its writ of summons and statement of claim is valid and competent.”

Particulars

The suit was filed on 27 February 2004.

Claimant/respondent’s witness claimed the sum of N140,052, 872.98 (one hundred and forty million, fifty- two thousand, eight hundred and seventy-two naira, ninety-eight kobo) in evidence.

The said sum arose on 30 April 2004, a date subsequent to the filing of the suit The said sum claimed in evidence was not pleaded.

There was no amendment to plead the said sum.

The amount claimed in evidence was not…