MADARIKAN, J.S.C. (Delivering the Leading Judgment): The present appellant was the 2nd defendant in an action instituted against him and the West African Travel Agency Limited as the 1st defendant in the High Court, Lagos (suit no. LD/2/66). The plaintiff/company's claim as endorsed on its writ was as follows:
"The plaintiffs claim against the defendants jointly and severally is for the sum of 11,366Pounds.3d being money payable by the defendants for money lent by the plaintiffs to the defendants and for money paid by the plaintiffs for the defendants as bankers for the defendants at their requests and for interest upon money due from the defendants to the plaintiffs up to and including February, 1966.
The defendants have failed, refused or neglected to pay the said sum of money to the plaintiffs despite repeated demands."
After pleadings had been ordered, learned counsel for the plaintiff/company, Chief Sowemimo, sought leave to withdraw the claim against the 1st defendant (that is, …