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A. NNAMANI, J.S.C. (Delivering the Leading Judgment): On 13th January, 1988, the appeal to this Court in this Suit was argued. After hearing learned counsel, and having read all the papers, I allowed the appeal and granted a conditional stay of execution of the judgment of the Federal High Court dated 4th March, 1985 pending the determination of the appeal in the Court of Appeal. I indicated that I would give my reasons for this judgment today. I now give my reasons.
In Suit No. FHC/L/27/81, the Plaintiff/Respondent sued the 1st defendant/appellant/applicant and 4 others claiming the following reliefs:-
"(1) An order for the refund of the sum of ₦700,000.00 (Seven hundred thousand Naira) paid by the plaintiff to the 1st defendant by two separate cheques No. 0028199 of the 3rd October, 1977 and No. 0018218 of the 24th October, 1977 being the full purchase price of 223,000 bags of cement sold to the plaintiff by the 1st defendant. The cement was said to have been shipped by the 3rd Defe…