TABAI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Lagos Judicial Division of the Court ofAppeal delivered on 19 June 2003. The appellants who were the 2nd, 3rd and 4th defendants were also the 2nd, 3rd and 4th appellants respectively at the court below.
The plaintiff, Shoreline Liftboats Nigeria Ltd, was the sole respondent at the court below and the 1st respondent herein. And the 2nd respondent herein, International Offshore Construction Ltd was the first defendant.
The action itself was commenced at the Federal High Court, Lagos about 9 February 1999 when the writ of summons was issued. Pleadings were filed, exchanged and amended. In paragraph 15 of the amended statement of claim, the plaintiff/1st respondent claimed from the defendants jointly and severally.
The sum of US$404,000.00 (four hundred and four thousand United States dollars or the equivalent in Nigeria naira being total amount due to the plaintiffs from the defendants upon the defe…