ZTE NIGERIA LIMITED & ZTE CORPORATION V ABYTEL NIGERIA LIMITED

ABOKI JCA (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of the Federal Capital Territory, Abuja, delivered on 18 December 2009 in suit No. FCT/HC/CV/630/2009 by Salisu Garba J.

The appellants were the defendants at the lower court, while the respondent was the plaintiff.

The respondent as plaintiff took a writ of summons under the undefended list procedure against the appellants. The suit was subsequently transferred to the general cause list. By a statement of claim, the respondent as plaintiff claims against the appellants as defendants the following reliefs:

1.“The sum of $2.7,000,000USD being the sum due to the plaintiff from the defendants, representing the5% agency commission as per agency agreement between the defendants and the plaintiff for the procurement of M-Tel GSM Expansion project contract of $54 million USD for the defendants by the plaintiff.

2.10% interest on the sum of $2.7 million USD from the date of filing this suit until judg…