MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): In the High Court of Edo State sitting at Benin City, the respondent in this Court instituted Suit No. B/236/2006 and in his statement of claim, he sought the following relief against the appellants (the defendants in the lower Court):-
WHEREFORE The plaintiffs claim against the defendant jointly and severally is the sum of N14,500,000 (Fourteen Million Five Hundred Thousand Naira) being money paid and received for a total failure of consideration at 21% from the date of the agreement.
The appellants, as defendants, filed a joint statement of defence in which they pleaded in paragraphs 29 and 31 as follows:
29. The 1st Defendant shall contend that the right of the Plaintiff to indemnity is contigent upon DEFECT IN TITLE as stipulated in the Deed of Assignment dated 12th May 2005.
30.
31. The Defendants shall contend at the trial of this suit that the Plaintiffs action is premature and incompetent.
On 19/11/2010 the 1st…