NZEAKO JCA (Delivering the Lead Judgment): At the High Court A of Justice Bauchi, Bauchi State, Nigeria the plaintiff who is the respondent in this appeal, filed a suit on the undefended list claiming from the defendant, the appellant herein, the sum of N2,722,164.53 plus interest as shown in the particulars of claim.
The particulars of the claim are set out thus:-
“The defendant fraudulently represented himself as the managing director of Vitabiotics (Nig.) Ltd and thereby obtained a contract from the Petroleum (Special) Trust Fund. Further to the said contract, the defendant also fraudulently represented himself to the plaintiff as the managing director of Vitabiotics (Nig.) Ltd and thereby obtained an advance payment guarantee bond from the plaintiff on strength of which the defendant collected advance payment from the Petroleum (Special) Trust Fund in the sum of N3,222,164.53 which sum the defendant misappropriated. The plaintiff was accordingly compelled to pay the saidN3,222,164…