OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): This is an appeal from the Judgment of the Court of Appeal, Lagos Division, delivered on 9 February 2005 in appeal No. CA/L/52/0202 which upset the judgment of a Federal High Court, Lagos Division, delivered on 1 November, 2001 in Suit No: FHC/L/FB/2000. It arose as follows:
In the trial Court the appellant was the plaintiff, while the defendants were:
1. Rabo Farms Ltd
2. Chief Ime Sampson Umanah
3. Mrs. Nnene Ime Umanah
4. Ime Ime Umunah
3 and 4 were subsequently struck out.
The 1st Respondent obtained credit facilities amounting to fifteen million naira (N15m.) from the plaintiff. The sum was guaranteed by the 2nd respondent. The plaintiff's claim is for recovery of the debt of 15m.
On 2 May, 2001 the 2nd respondent filed a motion on notice seeking an order of Court striking out his name from the suit. The 2nd respondent supported his application with a 13 paragraph affidavit and a further affidavit of 12 paragraphs with anne…