KNIGHTSBRIDGE LIMITED & ANOR V. NATHANIEL ATAMAKO

AKINTAN, J.C.A. (Delivering the Leading Judgment): The respondent, Nathaniel Atamako, was the plaintiff in this case instituted at Wari High Court of Delta State as Suit No. W/584/98. The claim was against the two appellants as defendants jointly and severally. His claim as endorsed on the writ of summons is as follows:

'The plaintiff's claim against the defendants jointly and for severally is for the sum of N676,827.00 being the balance of the Commission of N853,600.00 due payable by the defendants to the plaintiff as per contract. Some times in the month of July, 1998 at the N.P.A. Yard, Wani, within the jurisdiction of the Honourable Court, the 1st defendant (through the 2nd defendant, its Base Manager and representative/agent) contracted with the plaintiff to pay the plaintiff the commission of N2.00 per litre of Diesel oil (A.G.O) if the plaintiff secured or procured from Messrs Julius Berger Nigeria Plc, N.P.A. Yard, Warri an L.P.O. in favour of the 1st defendant to enable 1st d…