HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision contained in the Ruling of the Federal High Court sitting in Kano delivered in Suit No FHC/KN/CS/69/2011 by Honorable Justice J. K. Dagat on the 6th of July, 2017.
The Appellants commenced the action in the lower Court against the Respondent in 2011 over a loan facility of N79,241,000.00 (Seventy Nine Million, Two Hundred and Forty One Thousand Naira) granted to the Appellants by the Respondent in 2005 for the procurement of polypropylene woven mats plant and machinery. The Respondent counterclaimed for the outstanding sum due on the loan facility. There is no record of what transpired in the matter before the lower Court between 2011 and 2017. In February, 2017, the Appellants changed their firm of Counsel from Messrs Okechukwu Nwaeze and Co to Messrs I. G. Waru and Co and on the 5th of April, 2017, the new Counsel filed a motion to amend the statement of claim. The records o…