INTERCONTINENTAL BANK PLC. V. HILMAN & BROS WATER ENGINEERING SERVICES NIGERIA LIMITED

HARUNA SIMON TSAMMANI, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the Abia State High Court, Ukwa Judicial Division, presided over by Hon. Justice C.O Onyeabo. The judgment was delivered on the 13th day of May, 2010, wherein judgment was entered in favour of the Respondent against the Appellant for the sum of thirteen Million, seven hundred and thirty-four thousand Naira (₦13,734,000.00) only plus interest, being the amount said to have been guaranteed by the Appellant in favour of the 1st and 2nd Defendants in the court below, but who are not parties to this appeal.

The Respondent as Plaintiff at the trial Court had taken out a writ of summons against the Appellant (who was 3rd Defendant on the writ), and Bau Consult and Producing Nig. Ltd. and Engineer Chris Sowa (who were (1st and 2nd Defendants), on the un-defended list pursuant to Order 23 rule 1 of the Abia State High Court (Civil Procedure) Rules, 2001. The Suit which was commenced before Hon.…