SAMUEL C. OSEJI, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Benue State, Gboko Judicial Division, delivered by J.S. Ikyegh J. on the 17th day of March 2000 in Suit No GHC/50/99
The appellant in this appeal was the defendant in the lower court while the respondent was the plaintiff therein. The said respondent had as plaintiff claimed the following relief at paragraph 15 of the statement of claim dated 17-5-1999 and filed on 19-5-1999.
(15) "whereof the plaintiff claim is for the sum of N135,000.00 debt owed to the plaintiff by the defendant".
(See page 4 of the Record)
The facts of the case, briefly stated, are that sometime in 1997 the Benue cement company plc. (BCC PLC) requested the respondent to supply her with a torque converter machine at the sum of N600,000. The respondent being faced with some difficulties sought the assistance of the appellant to facilitate the supply and payment for the said machine at a commission o…