OYEBISI FOLAYEMI OMOLEYE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice of Plateau State, holden at Jos (hereinafter referred to as the trial Court), delivered on 5th May, 2005, by, Hon. Justice L. C. Dakyen.
The brief background facts of this matter are that, sometime in year 2002, the Ministry of Federal Capital Territory, Abuja, awarded a contract for the supply of fire fighting vehicles to some companies. Three of the fire fighting vehicles was sub-contracted to the Appellants. The Appellants in turn sub-contracted the three fire fighting vehicles to the Respondents for the total sum of twenty-two million, eight hundred thousand naira (N22,800,000.00). The three vehicles were supplied by the Respondents. The Appellants as at the commencement of the action which culminated into this appeal, were owing, the Respondents, the sum of eight million, seven hundred and fifty thousand naira (N8,750,000.00) as the outstanding ba…