NGWUTA JCA (Delivering the Lead Judgment): This is an appeal from the ruling of Agun J. in suit No. B/208/01. The appellant instituted the action in suit No. N/208/2001 in the High Court, Benin City, seeking to recover from the respondents a loan of the sum of N1,000,000.00 he granted to the 1st respondent allegedly on oral guarantee, assurance and warranty of the 2nd respondent, together with interest on the principal sum.
The 1st and 2nd respondents filed a motion on notice pursuant to Order 24, rules 2 and 3 of the Bendel State High Court (Civil Procedure ) Rules, 1988 applicable in Edo State, urging the court to strike out the name of the 2nd respondent on the ground that the said 2nd respondent (who is the managing director of the 1st respondent company) is not liable for the debt of the 1st respondent. The motion was supported by an affidavit. The appellant filed a counter-affidavit controverting the facts in the supporting affidavit and setting out facts based on which he urge…