B. E. ORISAKWE & SONS LTD. & ANOR V. AFRIBANK PLC.

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of L. C. Dakyen J. (as he then was) of the Plateau State High Court, delivered on 19th April, 2004 in suit No. PLD/J259/88 wherein some of the reliefs sought by the defendants/appellants were refused/dismissed.

It is to be noted from the outset, that due to the antecedents, twists and turns and nuances in this appeal, I do intend to give an extensive rehash and chronological sequence of events, which unfolded at the trial court and gave rise to the instant appeal. The facts of this appeal gleaned and garnered from the record of appeal are to the following effects. On 14th May, 1998 the plaintiff/respondent herein commenced action against the defendants/appellants under the undefended list procedure, claiming the following reliefs:

"The plaintiffs claim against the defendants jointly and severally is for:-

1. The sum of N9, 706,049.52 (Nine Million Seven hundred and…