MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The 1st respondent was the claimant in Suit No. OUHC/119/2014 commenced by way of an originating summons in the High Court of Delta State, sitting at Otor-Udu. The appellants and the 2nd respondent were the defendants to the said action in which the 1st respondent claimed in his statement of claim filed on 14/08/2014 as follows:
WHEREFORE the Claimant claims against the defendants jointly and severally as follows:
a. The sum of $657,772.50 USD (Six Hundred and Fifty Seven Thousand, Seven Hundred and Seventy Two Dollars, Fifty Cents) which represent ten percent (10%) of the contract sum of $6,577,725 USD (Six Million, Five Hundred and Seventy-Seven Thousand, Seven Hundred and Twenty Five Dollars) or the sum of N107,874,690.00 (One Hundred and Seven Million, Eight Hundred and Seventy Four Thousand, Six Hundred and Ninety Naira), the Naira equivalent of the sum of $657,772.50 USD at the rate of N164.00 (One Hundred and…