ADEREMI, J.C.A. (Delivering the Leading Judgment): The appeal in this matter is against the decision of the Federal High Court sitting in Lagos delivered on the 12th of February, 2002 dismissing the plaintiff's claim. The appellant who was the plaintiff in the court below had claimed against the respondent who was the defendant in the court below the sum of N2,900,000.00 (two million, nine hundred thousand naira) being the value of the plaintiff's goods kept in the custody of the defendant pursuant to a collateral management protocol of agreement dated the 6th day of March, 1991 and lost on 12th of May, 1994 by the conduct and/or negligence of the defendant together with consequential loss at the rate of 21% per annum from 12th of May, 1994 until the date of judgment and thereafter interest on the judgment debt at the rate of 6% per annum until final payment.
Pleadings, in terms of statement of claim and statement of defence were filed and exchanged between the parties. Both sides le…