Judgment
PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of the Federal Capita! Territory, Abuja, delivered on 30th day of November, 2017, wherein the Court struck out the case of the appellant on the ground that the suit was not properly constituted due to non-joinder of necessary parties, see pages 198-217 of the record. The appellant herein via a Statement of Claim filed on the 27th April, 2016, claimed against the respondents jointly and severally as follows: 1.
A declaration that the Plaintiff is entitled to the payment of the sum of N44,340,000.00 (Forty-Four Million Three Hundred and Forty Thousand Naira) only by the Defendants jointly and severally being the total cash value as endorsed on the following cheques: NAME OF ISSUING BANK SERIAL NUMBER DATE OF MATURITY VALUE ON CHEQUE IN NAIRA Unity Bank Plc 00000166 25th August, 2014 N5,445,000.00k Unity Bank Plc 00000168 25th August 2014 N5,445,000.00k Unity Bank Plc 00000169 25th August 2014 N5,445,000.00k Unity Bank Plc 00000170 25th August 2014 N5,445,000.00k Unity Bank Plc 00000184 4th September 2014 N5,445,000.00k Unity Bank Plc 00000185 4th September 2014 N5,445,000.00k Unity Bank Plc 00000187 4th September 2014 N5,445,000.00k Unity Bank Plc 00000188 4th September 2014 N5,445,000.00k Unity Bank Plc 00000189 4th September 2014 N5,445,000.00k Issued in favour of the plaintiff by the 1st Defendant on behalf of the Defendants, being the total amount due and payable to the plaintiff for the financing of the supply of 165,000 litres of AGO – Diesel valued at N27,225,000 by Messrs Conundrum Nigeria Limited and the financing of the supply of 231,100 litres of AGO Diesel valued at N38,115,000 by Messrs.
Carlypeters Oil and Gas Limited to the 2nd Defendant; which cheques having been presented were returned unpaid and remained unpaid and unredeemed till date. 2.
An order of this Honourable Court commanding the Defendants either jointly and/or severally to forthwith pay to the plaintiff the sum of N44,340,000.00 (Forty-Four Million Three Hundred and Forty Thousand Naira) only being the total cash value as endorsed on Unity Bank Plc Cheque Nos. 00000166, 00000168; 00000169; 000000170, dated 25th August, 2014 and Unity Bank Plc Cheque Nos. 00000184; 00000185; 00000187, 00000189 dated 4th September, 2014 issued in favour of the plaintiff by the 1st Defendant on behalf of the Defendants, being of the supply of 165,000 litres of AGO – Diesel valued at N27,225,000.00 by Messrs.
