HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Edo State, delivered on the 5th day of October, 2011 by Honourable Justice E.F. Ikpomwen. Dissatisfied with the judgment, the Appellant, who was the Plaintiff at the trial court, filed this appeal. The facts which led to this appeal are as follows:-
The Appellant who was the Plaintiff at the trial Court commenced this action on the 16th March, 2009 by filing a specially endorsed writ of summons which said suit was placed on the undefended list. However, upon the filing of intention to defend by the Defendant, who is the Respondent herein, the case was transferred to the general cause list. Paragraph 31(ii) and (iii) of the statement of claim provides as follows:
1. Wherefore the Plaintiff claims against the Defendant the sum of N8,310,265.45 (Eight million, Three Hundred and Ten Thousand, Two Hundred and Sixty-five Naira, Forty-five kobo) owed and payable t…