RHODES-VIVOUR JSC (Delivering the Lead Judgment): This is an appeal from the judgment of the Court of Appeal, Lagos Division, delivered on 9 February 2005 in appeal No.
CA/L/52/2002 which upset the judgment of a Federal High
Court, Lagos Division, delivered on 1 November 2001 in suit A
No. FHC/L/FB/2000. It arose as follows:
In the trial court the appellant was the plaintiff, while the defendants were:
Rabo Farms Ltd
Chief Ime Sampson Umanah
Mrs. Nnene Ime Umanah
Ime Ime Umanah 3 and 4 were subsequently struck out.
The 1st respondent obtained credit facilities amounting toN15,000,000.00 (fifteen million naira) from the plaintiff. The sum was guaranteed by the 2nd respondent. The plaintiff’s claim is for recovery of the debt of N15,000,000.00 (fifteen million naira).
On 2 May 2001, the 2nd respondent filed a motion on notice seeking an order of court striking out his name from the suit. The 2nd respondent supported his application with a 13 paragraph affidavit and a further affidavit of 12 par…