In the court below (High Court of Lagos State) the plaintiff/respondent (National Oil and Chemical Marketing Company Limited) claimed against the 1st defendant/appellant Mobil Oil Nigeria Limited, the 2nd defendant/appellant, African Petroleum Limited and the 3rd defendant/respondent and Sun gas Company Limited jointly and several or severally as follows: -

Pleadings which were finally settled and exchanged among the parties are the statement of claim with the leave of court, the amended statement of defence of the 1st defendant, with the leave of court, the amended statement of defence of the 2nd defendant, the statement of defence of the 3rd defendant and the plaintiff’s reply.

After taking evidence of the witnesses called by the parties and the final addresses of their respective counsel the trial judge in his reserved judgment stated the reliefs claimed by the plaintiff/1st respondent against the 1st and 2nd statements only in the following terms (a) the 1st defendant/appellant – Mobil Oil Nigeria Limited – to pay to the plaintiff/respondent (National Oil and Chemical Marketing Co. Ltd the sum of N1, 347,484.11 (One million three hundred and forty seven thousand four hundred and eighty four naira eleven kobo) together with interest at the rate of 4% per annum from the date of judgment till the date of the liquidation of the judgment debt, and (b) the 2nd defendant/appellant (African Petroleum Limited – to pay to the plaintiff/respondent (National Oil and Chemical Marketing Co. Ltd) – the sum of N231,996.36 (two hundred and thirty – one thousand nine hundred and ninety – six naira and thirty six kobo) together with interest at the rate of 4% per annum from the date of judgment till the date of the liquidation of the judgment debt.

Being dissatisfied with the said judgment the 1st defendant/appellant appealed to the Court of Appeal.