NWEZE JSC (Delivering the Lead Judgment): By an originating summons, the third and fourth respondents in this appeal (as plaintiffs) commenced an action against the appellant
(as first defendant) at the High Court of Delta State, Isiokolo Judicial Division. They claimed the sum of N250, 000, 000.00 (two hundred and fifty million naira) “being monies due and shall fall due to the appellant” from the first and second respondents. For its bearing on the questions canvassed by the parties, I shall set out the ipsissima verba of the main relief as expressed on the said summons: An order for the sum of N250, 000, 000. 00 (two hundred and fifty million naira) against the first defendant which monies are not being contested by the first defendant but in possession of the second and third defendants; as monies due and shall fall due to the first defendant from the second and third defendants as facilitator and chairman of the second and third defendants’ companies; being monies/ amount/sum…