RITA NOSAKHARE PEMU, J.C.A. (delivering the Leading Judgment): This is an appeal by the Plaintiff (Appellant herein) against the decision of Honourable Justice Ade-Alabi of the High Court of Lagos State, sitting at Lagos in Suit No. LD/2524/91, delivered on the 28th of May 1999 whereby the learned trial Judge dismissed the Plaintiff's claim in its entirety (Pages 78-93 of the Record of Appeal.)
By Writ of Summons dated and filed on the 4th of November 1991, and in Paragraph 13 of the Statement of Claim filed on the 4th of November 1991 the Plaintiff (Appellant herein) claimed against the Defendant (Respondent herein) thus:
(a) The sum of DM77.078.02 being outstanding interest on delayed payment due to the Plaintiff and;
(b) N150,000.00 (One Hundred and Fifty Thousand Naira) as costs/damages.
The salient facts giving rise to the above claim, according to the Appellant is as pleaded in his Statement of Claim dated 22nd August 1991 and filed on the 4th of November 1991.
Herein is a synop…