NNAEMEKA-AGU, J.C.A. (Delivering the Leading Judgment): The single issue raised by this interlocutory appeal is whether the learned trial Judge was right to have refused to strike out the name of the 2nd defendant before they filed their statement of defence.
The claims before the court in the main suit are as follows:
"1. Against the 1st and 2nd defendants jointly and/or severally for the sum of N22.800.00 being moneys had and received by the defendants to the use of the plaintiff.
2.An account for the said sum of N22,800.00 being plaintiff's moneys in the hands of the defendants.
3.Against the 1st defendant an account of what sum, if any, was used out of the N6,000.00.
4.An order for the payment of the amount due to the plaintiff by the defendants on taking such accounts.
5.A declaration that the 1st defendant was at all times material to the action an agent to the plaintiff.
6.A declaration that the plaintiff as the true principal was and is entitled to the refund of the said sum of N22,8…