ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the Plaintiff/Appellant against the judgment of Adebiyi J. sitting at the Lagos Judicial Division of the High Court delivered on the 29th day of April, 2004.
The appellant was the plaintiff in the lower court while the respondents were the defendants/counter-claimants. Appellant claimed against the defendant as per his statement of claim at page 5 of the record of appeal as follows:-
(i). The sum of N1,355,000.00 as special damages.
(ii). The sum of N200,000.00 as general damages.
Defendant on the other hand filed defence and counter-claimed as follows:-
"WHEREUPON the defendants counter-claim the sum of N703,000.00 being money had and received by the plaintiff with interest at 21% till final payment of the said sum."
I find it necessary to briefly highlight the events that too place before the trial court. The suit was initially struck out on for want of prosecution. On 2nd December 2002 the trial cou…