MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE, J.S.C.(Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division herein referred to as court below. The plaintiff now respondent took out a writ of summons against the defendant, the Appellant herein. The writ says:-
The plaintiff's claim in the amended writ of summons dated the 18th July 1988 is for the sum of (Four Hundred and Thirty Seven Thousand, Eight Hundred and Thirty Two Naira, Seven kobo) N437, 832.07k being the outstanding defaults of instalments due from the defendant to the plaintiffs under ten separate agreements whereby the plaintiffs let on hire with option to purchase the said subject - matter at a total purchase price of N716, 175.39. In a nutshell, the defendant willfully and persistently failed, refused and/or neglected to liquidate the sum due and owing despite repeated demands by the plaintiffs. The plaintiffs then claim the outstanding balance of N437, 832.07 together wit…