Plaintiff further stated that by Exhibit A3 and the testimony of PW2, the bill for the Accountant is 12.75 Million Naira whilst Exhibit A5 shows that the bill for the Solicitor is 25.5 Million Naira; both bills were pleaded. Plaintiff concluded that the special damages pleaded and proved amount to $71,781,321.32 Million Naira, being the principal and interest on same as wel] as Solicitor’s and Accountant’s fees. Plaintiff urged the Court to award the special damages pleaded and proved in addition to general damages of 300 Million Naira against defendants for flagrant breach of contract. 29. PlaintifPs arguments continued that the defendants demonstrated throughout the trial that they had no defence to this action. They failed to cross examine plaintiff's witnesses though they were recalled at plaintiff's expense for such cross examination. Defendants also failed to call witnesses of their own to controvert the evidence of plaintiff's witnesses. Plaintiff concluded its address by urging the Court to enter judgment in its favour as per the reliefs claimed. CONSIDERATION BY THE COURT 30. The issue for consideration plaintiff an amount of 255 in this suit is whether defendants owe Million Naira and if so, whether plaintiff is entitled to interest on the said sum, Solicitor’s and Accountant fees as well as general damages. 31. Plaintiff pleaded that defendants owe it an amount of 255 Million Naira and called two witnesses, PW1 and PW4 to testify in support thereof. The evidence of PW1 essentially is that the first defendant paid 230 Million Naira out of a total debt of 485 Million Naira it owed to the plaintiff for the supply of 5 million litres of AGO to Shell Petroleum Development Corporation (SPDC) on behalf of first defendant. PW1 continued that after failed attempts by the first defendant to settle the outstanding sum owed to the plaintiff, the parties voluntarily entered into an agreement (Exhibit Al) whereby second defendant undertook to pay the debt of the first defendant if it failed to. A cheque (Exhibit A2) issued for the outstanding sum of 255 Million Naira was dishonoured when it was presented because defendants did not have sufficient funds in their bank account. 10

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