OGUNTADE, JCA (Delivering the Lead Judgment): The respondents were the plaintiffs in suit No. FHC/L/CS/69/96 before the Federal HighCourt, Lagos where they claimed against the appellants as the defendants the following reliefs:
“(i) Special damages in the sum of N28,877,000 (Twenty eight million eight hundred and seventy seven thousand Naira) being the estimated value of the goods/equipment lost/vandalised at the plaintiffs’ factory whilst the 1st defendant was receiver of same by virtue of his appointment by the defendants.
(ii) Damages for loss of earning or income in the sum of N42,452,000 (Forty-two million four hundred and fifty two thousand Naira) being the projected earning of the plaintiffs’ company for the production years 1996 and 1997.
(iii) General damages in the sum of N5,000,000.00 (Five million naira).”
Later the plaintiffs filed their statement of claim. In reaction the defendants now appellants brought an application praying for the following:
“1.(i) An order striking…