A. G. KARIBI-WHYTE, JSC (Delivering the Leading Judgment): After argument of counsel in this appeal on the 18th April, 1988, I dismissed this appeal and indicated that I will give my reasons for doing so today.
This is an interlocutory appeal against the judgment of the Court of Appeal Division in Jos consisting of Agbaje, Abdullahi and Macaulay JJ.C.A. on a very narrow point which the parties have litigated from the High Court. The facts of this case leading to this application are very short and straightforward. Appellants, were the Defendants to an action brought by Respondents, by a writ of summons dated 28/10/85. As plaintiffs in the High Court, Makurdi, they were seeking the following:-
"The plaintiffs jointly and severally claim against the defendants jointly and severally ....
(a) a declaration that letter Number D/N/Vol.II/526 dated the 17th day of October, 1985, from the Military Governor of Benue State, which purported to terminate the written agreement dated the 16th day o…