OGUNTADE, J.C.A. (Delivering the Leading Judgment) : The respondent was the plaintiff at the Lagos High Court where he made some claims against the appellant in his writ of summons issued on the 12th of June 1986. It is not necessary that I set out the claims of the respondent as no issue turns upon it in this judgment. It turned out that the respondent did not pursue his claims, as he did not wish to come to Nigeria to testify in support of it. The appellant had filed a statement of defence to the statement of claim filed by the respondent. The appellant raised a counter-claim. The respondent filed an amended statement of claim to which was sub-joined a defence to the appellant's counter-claim.
The case was heard by Ayorinde, J. as he then was. The respondent did not
call any evidence in support of his case. The appellant called four witnesses. In the course of the proceeding, the case of the respondent was dismissed. In his judgment delivered on 20th of February 1992, the learned tria…