UMARU ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Kaduna State High Court delivered on 20th day of February, 1992.
The respondent in this appeal sued the appellants and two other parties, foreign based companies called Folkrose Limited and Ratten Limited before the Kaduna High Court claiming a total sum of 422,190.08 U.S. Dollars (Four hundred and twenty-two thousand, one hundred and ninety dollars, eight cents) or the equivalent of N6,586,165.20, being money had and received and/or paid by the respondent to the appellants and the two other companies for the supply of certain agro-chemicals and Cuban sugar bags, which were not supplied.
The suit was brought on the undefended list suing the present appellants and the two foreign based companies mentioned above as 1st, 4th, 2nd and 3rd defendants respectively.
I think for the purpose of clarity and also in view of the way the appeal was approached by both learned counsel for the parties, i…