HADO NIGERIA LIMITED & ANOR. V. CHRISBROWN INTERNATIONAL LIMITED & ANOR.

EJEMBI EKO, JCA (Delivering the Leading Judgment): The two appellants in these consolidated appeals were respectively and 2nd and 1st defendants in the suit No. FHC/PH /CS/291/2012 at the Federal High Court, Port Harcourt. The plaintiff in that suit is the 1st Respondent herein in the two consolidated appeals.

The Ruling and the judgment, both contained in one document/instrument, were delivered by the said Federal High Court (Coram: Lambo Akanbi, J) on the same day. That is 4th October, 2012. The two defendants were aggrieved by the ruling and the judgment. Each of them brought his appeal separately. The appeal of the 2nd defendant. Hado Nigeria Ltd, was filed at 1.00 p.m. of 5th October, 2012. The 1st defendant, on their part, filed their appeal much later at 11.55 am on 8th October, 2012. The two appeals have been consolidated for ease and convenience and were heard on identical Records. For the same ease and convenience I will use the Record in CA/PH/461/2012 - the appeal of Hado …