NICHOLAS BOSSA ISAIAH ESIOVWA DUTCHMAN IPOPO JOB ONU SAM UEL EFEDOMA (SUING FOR THEMSELVES AND ON BEHALF OF THE MEMBERS OF NATIONAL UNION OF CONSTRUCTION AND WOOD WORKS (NUCCEW) WARRI AIRSTRIP, OSUBI CHAPTER) V. JULIUS BERGER PLC.

AMAIZU JCA (Delivering the Lead Judgment): In the present suit, the plaintiffs, now the appellants commenced an action against the defendant now the respondent by way of a writ of summons in the Effurun JudicialDivision of the High Court of Justice, Delta State. They claimed the sum of N100,000,000.00 (one hundred million naira only) as damages for breach of contract.

The action was filed on the 26/2/98. Thereafter, the appellants by way of a motion on notice dated 22nd day of June, 1998, prayed the High Court Effurun for the following reliefs -

“1. An order for leave to amend the writ of summons in this suit in the manner indicated in the proposed amended writ of summons attached and marked as exhibit A. 2. An order deeming as properly filed and served, the appropriate filing fees having been paid, the attached proposed writ of summons attached as exhibit A. Extension of time within which the plaintiffs/applicants can file their statement of claims in this suit the time limited by th…