A BADA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, sitting at Ado-Ekiti in the Ekiti State of Nigeria, in suit No.HAD/137/2008 - Adeleke Olubisi (trading under the name of Qualum Building Product Enterprises) and (1) Jobi Trade Investment Limited (2) Mr. Ogunjobi Olusegun, delivered on 20 December 2011.
Briefly, the facts of the case are that the plaintiff now respondent instituted an action against the 1st and 2nd defendants now appellants at the lower court in which it was claimed as follows: “1. An order of this honourable court, declaring the action of the defendants for non-payment of the sum of N470, 000.00 (four hundred and seventy thousand naira), owed the plaintiff , wrong, unreasonable, unlawful and unconstitutional.
An order of this honourable court, directing the defendants to pay to the plaintiff a sum of N470, 000.00 (four hundred and seventy thousand naira), being the balance of payment for the contract execut…