ONYEMELUKWE
V.
L. D`ALBERTO & CO. LTD

TABAI, JCA (Delivering the Lead Judgment): The life of this case started about twenty-one years ago when on the 20/8/79 at the then ILE- IFE Division of the High Court of Oyo State, the writ of summons was issued with the 1st defendant/respondent being the sole defendant. Betweenthe two parties, pleadings were filed and exchanged. By a third party notice filed by the 1st defendant/respondent on 10/9/86 and the resultant court Order of 4/12/86/20/5/81, the UNIVERSITY OF IFE was brought into the action as a third party and against which therefore the 1st defendant/ respondent filed its statement of claim. The aforesaid third party also filed its defence. The writ of summons and the pleadings all suffered series of amendments. The claim as contained in paragraph 31 of the further amended statement of claim filed on 21/6/88 was for the sum of N500,000.00 plus interest at the rate of 13% from the date of filing of the writ of summons in this suit. At the close of evidence and after addre…