OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, hereinafter referred to as the Court below, delivered on 15th day of December, 1999 in appeal number CA/L/303/98. The facts of this case are as follows:
The plaintiff, Reptico S.A. Geneva, herein-after referred to as the appellant, had commenced an action by a writ of summons dated 18th September, 1991 in the Lagos Judicial Division of the Lagos State High Court. The statement of claim was subsequently filed on 12th November, 1991 against the Defendant, herein after referred to as the Respondent.
The appellant had by the amended statement of claim filed on 25/3/92 in paragraph 30 claimed as follows:
"the sum of ₦37,886,000 being the Naira equivalent of US$1,994,000.00 comprising special and general damages, the sum of arguments on an interlocutory injunction and granting order for leave to appeal. Everything ₦17,100,000 being the Naira equivalen…