T. O. AWOTOYE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice S.E. Charles - Granville of Rivers state High court delivered on 3/11/2003.
The plaintiff is the Respondent in this appeal. The plaintiff's claimed against the defendants at the lower court jointly and severally for:-
"1. The sum of N10,500,000.00 (Ten Million, Five Hundred Thousand Naira) being the amount owed by the Defendants for the hire of the Plaintiff's Dredger and its accessories for one (1) year as stipulated in clause 2 of the Dredger Hire Agreement, a Deed dated 4th July, 2001 and which expired on 5th July, 2002.
2. The sum of N15,000,000.00 (Fifteen Million Naira) being full value of the plaintiff's Dredger and accessories hired by the Defendants as stipulated under clause 9 of the aforesaid Deed (the Defendants having failed, refused or neglected to insure the Dredger and its accessories as stipulated in the said Dredger Hire Agreement).
3. The sum of N18,500,000…