TAYLOR, AG. F.J. (Delivering the Judgment of the Court):
This is an appeal from the judgment of Onyeama, J. of the High Court of the Lagos Judicial Division. The plaintiff/respondent claimed the sum of £4610.8.1ld as total emoluments payable to him by the defendants/appellants for work done and services rendered by him at the latter’s request. Judgment was entered in the respondent’s favour on the 16th April, 1959 for the sum of £3706.0.9d and costs of 75 guineas were assessed in his favour on the 1st May, 1959 on an application brought by the respondent.
Against this judgment seven grounds of appeal were filed with the notice of appeal. The third ground was abandoned by learned counsel for the appellants at the hearing of the appeal and the 1st ground was struck out as not supplying the particulars required by rule 12(2) of the Rules of Court.
Mr. Kotun for the appellants contended on second ground of appeal that the learned trial Judge erred in law in proceeding with the case after g…