ONNOGHEN, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal holden at Jos in appeal No. CA/J/128/96 delivered on the 29th day of November, 1999 in which the court dismissed the appeal of the appellants against the judgment of the High Court of Benue state holden at Otukpo in suit No. OHC/55/95 delivered on the 23rd day of January, 1996 in which the court entered judgment in favour of the respondents, then defendants/counter claimants in default of defence thereto.
By a statement of Claim filed on the 3rd of July, 1995, the appellants, as plaintiffs, claimed against the defendants, now respondents jointly and severally as follows:-
"(a) A declaration that the plaintiffs are not indebted to the 1st defendant in the sum of one million, thirteen thousand, one hundred and twenty Naira, eighty kobo, N1,013,121.80) or any other sum as the amount of the plaintiffs indebtedness to the 1st defendant (if any) has not been determined and accept…