AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of Fawehinmi, J., delivered at Ikare High Court in Ondo State on 13/5/93. The appellant was the plaintiff at the trial while the respondents were the defendants. The plaintiff's claim at the trial as endorsed on the writ of summons is as follows:-
1. The plaintiff's claim against the defendants jointly and severally is for the sum of N39,750.00 (Thirty-nine thousand, seven hundred and fifty naira) being money due to have been paid by the defendants to the plaintiff at Ikare -Akoko since 1983 as balance of purchase price of various motor vehicles sold to the defendants by the plaintiff. The second defendant being the Guarantor to the first defendant in an Agreement dated 20th July, 1982 executed by the plaintiff and the defendants for the payment of the debt."
Pleadings were filed and exchanged. The plaintiff pleaded, inter alia, in paragraphs 5, 6 and 7 of its amended statement of claim as follows:-
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