SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State, sitting at Lagos delivered by Honourable Justice A. A. Philips on the 20th of May, 2011 wherein the lower court entered judgment in favour of the Claimant (now Respondent) for the sum of N117,101,122.11k (One Hundred and Seventeen Million, One Hundred and One Thousand, One Hundred and Twenty-Two Naira, Eleven Kobo) at the interest rate of 21% per annum against Defendant (now Appellant).
According to a writ of summons dated and filed on 21st December, 2009, the Respondent (Plaintiff) sought the following reliefs against the Appellant (then Defendant) as follows:
"a. A refund of the unutilized rent paid to the Defendant in the sum of N117,101,122.11k (One Hundred and Seventeen Million, One Hundred and One Thousand, One Hundred and Twenty-Two Naira, Eleven Kobo) for the sublease of their Falomo Branch.
b. Interest on the said sum of N117,101,122.11k (One Hundre…