A.C.E. JIMONA LTD
V.
NIGERIAN ELECTRICAL CONTRACTING CO.LTD
LEWIS, J.S.C. (Delivering the judgment of the Court)This is an appeal by the defendants from a judgment of the High Court of Lagos (Caxton Martins Ag. J.) in which judgment was entered for the plaintiffs for £5,189-13s.-6d. with costs. The matter had begun as three separate suits in respect of three different contracts alleged to have been made between the parties and these three suits had been consolidated for hearing in the High Court. The first objection taken by the defendants/appellants on theappeal is that the learned trial judge was wrong to hold that the contention of the defendants that there was no binding contract was inconsistent with the defence as pleaded.
This necessitates an examination of the pleadings and it is to be observed that though very similar the Defence is not the same in each case. In suit LD 222/63 the plaintiff in paragraph 3 stated as follows:-
“By a letter dated the 17th day of January 1961, the defendants accepted the plaintiffs’ tender of £1,852 less 5%…