STRABAG CONST. (NIG.) V. MR. MOSES ODILICHUKWU (CARRYING ON BUSINESS IN THE NAME AND STYLE OF MODICHI & SONS NIG. ENTERPRISES) UMECO NIGERIA LIMITED MR. CASPER KONFERMAN

NGWUTA JCA (Delivering the Lead Judgment): This is an appeal against the decisions delivered on 15/11/99 and 27/1/2000 by the High Court of Justice, Cross River State, Calabar Judicial Division presided over by Ekpe J in suit No. C/535/99. 1st respondent (then the plaintiff) sued the appellant and the 2nd and 3rd respondents inthe High Court, Calabar, Cross River State. The claim endorsed on the writ of summons issued on 5/11/99 reads thus:

“The plaintiff’s claim from the 1st and 2nd defendants jointly and severally and separately from the 3rd defendant are as follows: The sum of N218,520.00 (two hundred and eighteen thousand, five hundred and twenty naira) beingthe value of goods suppliedto the 1st and 2nd defendants on credit by the plaintiff which the 1st and 2nd defendants had refused to pay despite repeated demands. 2. 21% interest from March 1999 till judgment is given and thereafter 10% interest until the sum is settled 3. The 3rd defendant is to pay the plaintiff the sum clai…