JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of High Court of Justice, Edo State of Nigeria, Benin Judicial Division in Suit No: B/36/2011, MR LUCKY ABU V. DOUGLAS IYEKE, delivered on the 28th day of October 2013, in which the court gave Judgment in favour of the Plaintiff/Respondent.
?The facts of the case are that the Plaintiff/Respondent instituted an action at the Lower Court vide a Writ of Summons and claimed against the Defendant/Appellant as follows:-
(a) The sum of (N1,550,000.00) One million, five hundred and fifty thousand Naira) being the balance of money being the value of the product (AGO) deposited in the Defendant's underground tank by the Plaintiff which product the Defendant converted to himself without the consent nor approval of the Plaintiff.
(b) Interest on the said sum at 21% from the 30th day of November 2010 when the instalmental payment of the balance N1,550,000 (One million, five hundred and fifty thousand…