JAMEON NIGERIA LIMITED & ORS V. ISA ENGINEERING NIGERIA LIMITED & ANOR

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellants were the Defendants at the Court below in the suit filed by the Respondents herein as Claimants under the Undefended List. Judgment was entered against the Appellants in favour of the Respondents by O. I. Itam, J, of the Calabar Division of the High Court of Cross-River State in Suit No. HC/368/2011 delivered on the 16th day of March, 2012. Aggrieved by that decision, the Appellants have appealed against the said judgment.

SUMMARY OF FACTS:

The Appellants issued the Respondents an original Local Purchase Order (LPO) which was admitted at the trial Court as Exhibit 7. The Respondents supplied all items listed in the LPO and the Respondents were issued waybills in acknowledgment of the supply, which were 30 in number and admitted as Exhibits 8 (A1-A30). The Respondents issued the Appellants with sales invoice in replacement of the Waybills, admitted as Exhibit 9. Respondent was then issued two Zenith Bank …