11, Defendants’ averments continued that it was in a bid to conceal his dishonest action that plaintiffs solicitor connived with police officers to prepare a non-existent case file alleging bribery against the second defendant; and that defendants were not contacted by any police officer to make statements admitting or denying the said charge. No statements were made by any officers of the plaintiff. Defendants also denied the allegations of fraud in its entirety. 12. The defendants concluded their defence by stating that they have not been able to liquidate the debt they owe the plaintiff as a result of the actions taken by plaintiffs solicitors which have culminated in the closure of defendants’ business. These acts include writing false petitions to the Economic and Financial Crimes Commission which has resulted in a criminal charge being filed against the defendants and subsequently the incarceration of the second defendant, intimidating the business partners of first defendant to stop carrying on business with them, the cancellation of pending contracts of the first defendant among others. ORAL PROCEDURE 13. During the hearing of the case plaintiff called four witnesses. The first plaintiff witness (PW1), Captain Toyin Ayilara is a Marine Navigator and presently working with the plaintiff as operations officer in charge of shipping. He stated that he knew the second defendant in this suit, Mr. Ifeanyi Paddy Eke, Managing Director of the first defendant. He continued that sometime in early 2007, the second defendant came to the plaintiff's premises in the company of one Mr. Ogonta, a friend of the plaintiff. PW1 stated further that second defendant came with an LPO from Shell Petroleum Nigeria Ltd for the supply of five million litres of Automotive Gas Oil (AGO). 14. PW1’s evidence continued that after the necessary conditions stated by the plaintiff were met by the second defendant, an agreement was reached. A vessel was subsequently hired to convey the five million litres of AGO to Shell Company in Warri, the location scheduled in the agreement. Upon arrival-of-the~produet—representatives—of Shell and-those-of Blackberry, 5