ADENEKAN ADEMOLA, JCA (DELIVERING THE LEADING JUDGMENT): The respondent, who was plaintiff in the court below, filed a writ of summons claiming against the appellant as follows:
(1) "The sum of ₦117,600 due, owing and payable to the plaintiff as his entitlement of the net profit of a Contractual business transaction entered into between the plaintiff and the defendant on Saturday, the 29th day of December 1984.
(2) The sum of ₦382,400 being general damages for breach of the said contract caused by the defendant on account of the said business transaction. (the underlining is mine)"
The respondent filed a statement of claim while the appellant filed a statement of defence and a motion.
The motion was brought under order 22 Rule 4 of the Lagos State High Court Civil Procedure Rules wherein the appellant sought an order:
(a) That the statement of claim be struck out on the ground that it disclosed no reasonable cause of action and
(b) That it is frivolous and vexatious.
Segun, J. dismissed the …