CHIOMA NWOSU-IHEME (Ph.D), JCA (Delivering the Leading Judgment): The Appellants were Defendants at the trial court in the suit filed by the Respondent herein as Claimant. Judgment was entered against the Appellants in favour of the Respondent by Ofem I. Ofem, J, of the Calabar Division of the High Court of Cross River State in Suit No. HC/83/2014 delivered on the 8th day of December, 2014.
Aggrieved by that decision, the Appellants have appealed against the said judgment.
SUMMARY OF FACTS:
The Respondent entered into a sub-contract with the 1st Appellant on the 27th day of February, 2009. The sub-contract agreement was tendered as Exhibit 1.
The Respondent’s claim at the Trial Court was that the total value of the sub-contract was for the sum of Five Million, Three Hundred and Twenty Nine Thousand, One Hundred and Twenty-six Naira, Seventy-two kobo (N5,329,126.72) out of which the Appellants have paid the sum of Three Million Naira (N3,000,000.00) leaving a balance of N2,329,126.72.
A fu…