MUNTAKA-COOMASSIE JSC (Delivering the Lead Judgment): The respondent herein which was the plaintiff at the trial court claimed against the appellant, the defendant at the High Court Lagos State in its amended statement of claim as follows: “Whereof the plaintiff claims against the defendant the said sum of Dm 140,000.00 or its naira equivalent based on the prevailing rate of exchange on the day the judgment as price of goods sold and delivered to the defendant, being N11,668.41 (eleven thousand, six hundred and sixty-eight naira, forty-one kobo), already paid with interest thereon at the rate of 10% from 15 May 1979 to the date of judgment and thereafter at 5% until the whole debt is liquidated.”
The appellant filed its statement of defence, after the closure of pleadings, the respondent filed an application dated 15 September 1992, wherein it prayed the trial court for the following: “An order to enter judgment for the plaintiff/applicant as per the further amended writ of summons a…