EKPE, JCA (Delivering the Lead Judgment): This is an appeal by the defendants against the judgment of Effanga, C.J., (Cross River State) delivered on the 8th of December, 1997 at the Calabar High Court in suit No. C/192/97 in favour of the plaintiff against the defendants. In the writ of summons filed in the court below on 12/5/97, the plaintiff claimed against the defendants jointly and severally the following reliefs:-
“Whereof the plaintiff claims against the defendants jointly and severally the sum of N2,428,506.00, being the balancedue to her for the supply and sale of 97.431.00 CBM of processed wood abroad by the 1st defendant on her behalf.”
The particulars of claim giving rise to the action as endorsed on the writ of summons are thus:- “The plaintiff paid various sums of money to the 1st defendant in 1996 at various times amounting to N2,020,000.00 for the supply of export quality processed wood, which were to be marketed abroad on behalf of the plaintiff at Belgium by the Man…