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OGUNDARE, J.S.C. (Delivering the Leading Judgment): The plaintiff company (who is now the appellant before us) sued the defendants (who are now respondents) jointly and severally claiming the sum of N588,353.70 being the sum left unpaid (together with interest) in respect of goods allegedly sold by the plaintiff to the defendants. The defendants denied the claim and in turn counterclaimed against the plaintiff for the sum of N456,430.00 being the sum allegedly due to them from various transactions between them and the plaintiff. Pleadings having been ordered, filed and exchanged the case proceeded to trial at which 2 witnesses testified in support of plaintiff's claim while one witness testified in favour of the defense and counterclaim.
At the close of the defence, learned counsel for the plaintiff sought leave of court to recall his 1st witness to testify in defense of the counter-claim. The application was resisted by learned counsel for the defense, but the learned trial Judge, in…