5 Million Naira in order to prevail upon the plaintiff not to pursue the
recovery of the 255 Million Naira because the defendants would not be able
to settle their indebtedness on the agreed date.
5. According to the plaintiff the second defendant subsequently paid one (1)
Million Naira to its solicitor as part of the bribe promised. Thereafter
plaintiff's solicitor reported the bribery case to the police. Plaintiff waited
until the maturity date of the cheque issued to them by the second defendant
and presented the cheque but it was not honoured because he did not have
sufficient funds in the account.
6. Plaintiff then wrote to the second defendant demanding the payment of
the outstanding debt in seven days. Defendants failed to make payment.
Plaintiff alleges that the defendants have defrauded them and as a
result
suffered immense harm. As a result the plaintiff brought the instant action,
claiming jointly and severally against the defendants the following reliefs
and orders:
a. A declaration that the agreement between the plaintiff and first defendant
dated the 8" August, 2008 is valid;
b. A declaration that the guarantee of the second defendant as contained in
the agreement of 08/08/2008 is valid;
c. An order of the Court attaching the properties of the defendants for the
satisfaction of the judgment sum; and
d. An order for the payment of damages jointly and severally against the
defendants and their agents.
THE DEFENDANTS’ CASE
7. Defendants filed a preliminary objection to the suit pursuant to Articles 87
(1) and (2) and 88 (1) of the Rules of this Court asking the Court to strike
out or dismiss this suit in its entirety on the ground that this Honourable
Court lacks the jurisdiction to hear and determine same. In a ruling dated
27" October 2009 the Court dismissed the preliminary objection and held
that it has the jurisdiction to hear and determine the present suit.
3.