The amount of litigation that has taken place in this matter is reflected by the size of the record of proceedings in the courts below which has run up to 450 pages and the size of the briefs filed by each party to this appeal. The brief filed by the appellant ran up to 45 pages of the foolscap length type sheets while the brief filed by the respondents ran up to 81 pages.

The claims filed by Ekimpex Limited the plaintiff - 1st respondent in this appeal in the Federal High Court holden at Port Harcourt on the 26th day of September, 1977 as set out in the writ reads:

“The plaintiffs claim against the defendants jointly and severally is for a declaration:

This claim was amended in paragraph 24 of the amended statement of claim to read as follows:

"After all efforts to make defendants deliver the said cement had failed, plain¬tiff was compelled to file this action and claims against the defendants jointly and severally as follows:

This claim was amended in paragraph 24 of the amended statement of claim to read as follows:

The 4th defendants filed a defence and counterclaim and by paragraph 39 thereof counterclaimed as follows:

Pleadings were filed and delivered or served and at the close of pleadings, the issues raised on the pleadings came up for trial before Tofowomo, J. After hearing evidence called by the parties, he delivered a considered judgment. He observed that throughout the proceedings, the 1st and 2nd defendants, though served, never appeared to contest the case.

The trial Judge at the conclusion of the case found for the plaintiffs as per its statement of claim against all the defendants.

The 3rd and 4th defendants appealed against the judgment of the trial Court. Their appeal to the Court of Appeal was partly successful. They further appealed to the Supreme Court and for the first time challenged the jurisdiction of trial Court to try the matter. The Respondents also cross-appealed against the ground of appeal allowed by the Court of Appeal.