GAMJI FERTILIZER COMPANY LIMITED & ANOR V. FRANCE APPRO S. A. S & ORS

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This an appeal from the judgment of the Federal High Court, Kano Division, delivered on 15th October 2007 by Hon. Justice Adeniyi Ademola in which he entered judgment against the Appellants. The Appellants herein were the 3rd and 4th Defendants before the trial Court, while the 1st and 2nd Respondents, both based in France, were the plaintiff. The 3rd and 4th Respondents were the 1st and 2nd Defendants. To avoid confusion, the 1st and 2nd Respondents, the Plaintiffs, shall be referred to interchangeably as "the claimants", while the 1st Appellant, who was the 3rd Defendant before the lower Court shall also be referred to interchangeably as Gamji.

At trial, five witnesses testified for the Claimants while the 1st and 2nd Defendants (3rd and 4th Respondents herein) called four witnesses in defence of their claim. The Appellants (3rd and 4th Defendants) called one witness. A total of 376 exhibits were tendered at t…