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M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued in the Federal High Court holden at Lagos on 24/2/95 the plaintiff who is now respondent before us in this appeal sued the four defendants herein (who are now appellants) jointly and/or severally claiming:
"the sum of US$200,000.00 (Two Hundred Thousand US Dollars) being for damages for breaches of contract arising out of a Time-Charter Party Agreement dated at London, the 5th day of July 1994 for the use and/or hire of the 1st to 3rd defendants' vessel, the MV "S. Araz", sued as 4th defendant in these proceedings, which said sum the defendants or any of them have failed and/or refused to pay despite repeated demands. AND THE PLAINTIFF claims the said sum of US$200,000.00 (Two Hundred Thousand US Dollars) and the additional relief herein together with interest and costs'"
The respondent filed a statement of claims which with leave of court, was subsequently amended. Rather than file a statement of dā¦