G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The plaintiff in this case claimed from the defendant in the lower court the sum of N5,933.34 made up as follows:-
"(a) Special damage for breach of contract.
(i) N933.34 as money paid for a consideration which has wholly failed.
(ii) N800 as hotel expenses.
(b) N4200 as general damages for unlawful eviction and/or trespass and/or breach of statutory duty to provide alternative accommodation."
The learned trial Judge, Belgore, J., (as he then was) entered judgment in favour of the plaintiff for a total sum of N2,033.30 with costs.
As at the time when the summons was taken out, the defendant was not in the country, he was however represented by counsel when the order for pleadings was made. The order for pleadings was made on the 18th of July, 1975 for the plaintiff to file and serve his Statement of Claim within twenty-one days and the defendant was given forty-five days for filing and serving his Statement of Defence. The plai…