HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal challenges the judgment of the Federal High Court, Lagos (the lower court) delivered by Hon. Justice C.E. Archibong on the 28th July, 2008, which was entered in favour of the respondents (plaintiffs) based on the evidence adduced before Hon. Justice Olomojobi.
The respondents claim against the appellants, at the lower court was for the sum of DM18,258.00 Deutchemark or its Naira equivalent at the prevailing exchange rate at the date of judgment, and N2,231,126:00 with 21% interest from November 2001 till judgment and settlement thereof. (See page 69 of the record).
After filing and exchange of pleadings, the matter proceeded to trial before Hon, Justice Olomojobi. The respondents called one witness in person of the 2nd plaintiff/respondent and tendered twenty two exhibits to prove their claim. The appellants/defendants similarly called one witness in their defence without tendering any exhibit. Both parties conclud…