R. C. AGBO, J.C.A. (Delivering the leading Judgment): The appellants as plaintiffs in suit No. LD/2185/2001 filed at the High Court of Lagos State, Lagos Division claimed of the defendant as per paragraph 22 of their amended statement of claim as follows:-
"1. DECLARATION that the defendant was in breach of agreements made on 28/5/99 and 9/6/99 between it and the 1st Plaintiff for the transfer from the Defendant's oversees account proceeds from its export of cocoa the slim of USS66.550.35 (Sixty-six Thousand. Five Hundred and Fifty United States Dollars. Thirty- Five cents) for which the Defendant had received in Nigeria from the 1st Plaintiff on behalf of the 2nd Plaintiff the Naira equivalent of same to the 2nd Plaintiffs overseas customer.
2. ORDER for specific performance of the said agreements of 28th May 1999 and 9th June 1999 made between the Plaintiff and the Defendant for the transfer of sum of USS66.550.35 to the 2nd Plaintiff's overseas customer.
3. ALTERNATIVELY to 2 above…