COOPERATIVE DEVELOPMENT BANK PLC. V. ARC. MFON EKANEM & ORS.

OWOADE JCA (Delivering the Lead Judgment): This is an appealagainst the judgment of the High Court of Akwa Ibom State of Nigeria presided over by Hon. Justice E. D. U. Idiong, CJ, delivered on Wednesday, 22August 2002. The suit which was instituted by the respondents as plaintiffs was by a writ of summons dated 8 February 1995. The suit was initially entered for hearing under the undefended list but after the appellant filed his notice of intention to defend and an affidavit disclosing a defence on the merit, the court below ordered a transfer to the general cause list. Pleadings were filed and exchanged. By their statement of claim dated 23 May 1995 and filed on 24 May 1995, the plaintiffs who are a firm of architects, quantity surveyors and engineers claimed in their paragraph 24 thus: 24. The plaintiffs are entitled to their fees and claim against the defendant the sum of ₦6,174,357.92 (six million, one hundred and seventy-four thousand, three hundred and thirty seven naira, nine…