ALPHONSUS ORIEBOSI V. ANDY SAM INVESTMENT COMPANY LIMITED

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Kano State High Court of Justice delivered on the 28th September, 2006 by Tani Y. Hassan J. in suit No. K/623/2004, as well as the ruling delivered on the 2nd November, 2006.

The Respondent was the Plaintiff at the lower Court while the Appellant was the 2nd Defendant.

By writ of summons dated 15/10/2004, the Respondent claims jointly and severally against the defendants the following:

1. The sum of 2,178,400.00 (Two million one hundred and seventy eight thousand, four hundred naira) being the outstanding balance of the value of the goods supplied on credit by the plaintiff to the 1st defendant and for which payment the 2nd defendant guaranteed.

2. 10% interest rate per annum beginning from date of judgment until final liquidation of the entire judgment debt.

3. Cost of this action including solicitors fee of N300,000. 00.

At the hearing of the matter, the 2nd defendant who had filed an…