STEPHEN JONAH ADAH, JSC (DELIVERING THE LEADING JUGMENT): This appeal is against the judgment delivered by the Court of Appeal, Lagos Judicial Division, on July 19, 2013, in Appeal No: CA/L/679/2009. In its decision, the lower court upheld the appeal of the respondent and set aside the ruling of the trial Federal High Court, Lagos Division in Suit No: FHC/L/CS/1405/98, which was delivered on 5th November, 2003, At the trial court, the respondent in this appeal claimed as plaintiff against the appellants in this appeal who were the defendants jointly and/or severally the sum of US$886,616.42 (Eight Hundred and Eighty Six Thousand and Sixteen US Dollars, Forty Two Cents) together with interest at the rate of 21% per annum from the date the action was instituted till judgment and payment and the cost of action.
The appellants filed a Statement of Defence and by their Notice of Preliminary Objection, the appellants challenged the jurisdiction of the trial court to entertain the respondent'…