SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment):This is an appeal by the Appellant as 1st Defendant in the lower court against the Ruling of CHINYELU EMEKA KALAJINE ANIGBOGU (J) sitting in an Anambra State High Court delivered on 1/12/2004. The 1st Defendant claimed against the plaintiff now the Respondent as follows:
"1. The Plaintiff/1st Respondent filed an action Suit No. 0/317/2004 against the 1st Defendant/Appellant, against one Nnanyelugo Ononye (for himself and on behalf of Mgbelekeke family) and against others who are the 3rd, 4th and 5th Defendants.
2. The 1st Respondent as plaintiff claimed inter alia. "An order of Court compelling the 1st and 2nd Defendants to pay to the plaintiff the sum of N14,950,000.00(Fourteen Million, Nine Hundred and Fifty Thousand Naira only) being balance of the amount due to the plaintiff as one third of the sum of N45 million kola paid by "THE YOUNG SHALL GROW NIGERIA LIMITED"
3. The 1st Defendant/Appellant is a principal member of …