himself as manager of the 2nd Defendant and informed the 1st Defendant
that the tellers were payments for the shops purchased by the 2nd
Defendant.
Further, he said he instructed one Kenneth Ezesili to collect the teller and
issued receipt in the name of the 2nd Defendant and gave to the Plaintiff.
This piece of evidence was not contradicted by the Plaintiff.
Further under cross examination the Plaintiff admitted that he was the
chief operating officer of the 2nd Defendant. The 2nd Defendant in its own
evidence had given evidence that the Plaintiff was it employee and
tendered Exhibits i.e. (Two Identity Cards) issued to one Ifeanyi Ankwe
and Yakubu Garba in which the Plaintiff signed as chief operating officer.
Furthermore, the 2nd Defendant in its evidence told the Court that it had
transferred into the Plaintiff’s account various sums of money for payment
for the shops. It tendered the Zenith Bank Plc statement of account as
Exhibit DB8, DB18 i.e. judgment in suit no HC/FCT/CV/1059/2009. This piece
of evidence were not contradicted nor discredited by the Plaintiff in
anyway.
I shall purse hereto make reference to Exhibit DB8 –DB18 which is the
judgment in suit no: FCT/HC/CV/1059/2009. Annexure to this judgment is a
statement of witness on oath.
In the said case, the Plaintiff herein was the 2nd Plaintiff therein. In the said
Exhibit, the Plaintiff deposed to the facts in that case that the 1st
Defendant therein bought shops no; 16, 17, 18, 19, 22, 42, 274, 275 and
290. He went further to give a breakdown of how payments were made
for those shops by the said 1st Defendant.
The Plaintiff herein in the said Exhibit DB8 – DB18 i.e. judgment in suit no:
HC/FCT/CV/1059/2009 did say that the 1st Defendant did incorporate the
2nd Defendant in the instant case. The question that comes up in this case
is shops number 16, 17, 18, 19, 22, 42, 274, 275 and 290 mentioned in
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