MECL LTD. AMBER RESOURCES LTD. V. AGILITY AND BROTHERS ENTERPRISES NIG. LTD.

ADEREMI JCA (Delivering the Lead Judgment): The appeal here is against the judgment of the High Court of Rivers State holden at Port

Harcourt in suit No. PHC/723/94: Agility and Brothers Enterprises Ltd. versus MECL Ltd. and Amber Resources Ltd . delivered on the 30th of September, 1998.

The plaintiff at the court below (who is hereinafter referred to as the respondent) had by the endorsement on its amended statement of claim claimed against the defendants, before that court, (hereinafter referred to as the appellants) jointly and severally the sum of N998,247.00 (nine hundred and ninety-eight thousand, two hundred and forty-seven naira) only being value of supplies of paints and allied chemical products made to the defendants (now appellants). An interest on the principal sum until judgment was delivered was also claimed. Pleadings filed and exchanged between the parties are amended statement of claim dated 22nd April, 1998 and filed on 24th April, 1998, with the leave of court def…