JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Ruling of the High Court of Justice, Delta State of Nigeria, Effunrun Judicial Division in Suit No. EHC/436/2000 between MACFRANKLYN ENGINEERING SERVICES LTD V. (1) DAEWOO NIGERIA LIMITED (2) CHRIS IHEAGWARA delivered on the 8th day of April 2011.
Briefly, the facts of the case are that by an amended statement of claim, the 2nd Respondent who was the Plaintiff at the lower Court sued the Appellant who was the Defendant before the lower Court in the following terms: -
(i) The sum of (N3,939,006.90) Three Million, Nine Hundred and Thirty-nine Thousand and Six Naira, Ninety kobo, being the cumulative unpaid invoices due but not paid by the Defendant.
(ii) 22% interest on the unpaid sum from 1988 till final Judgment, and thereafter 10% till when actual payment is made.
By an Order of the lower Court, the 1st Respondent was joined as a party.
Pleadings were duly exchanged between the parties and the cas…