OGUNWUMIJU JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Honourable Justice A. A. Philips sitting at the High Court of Lagos State, Lagos Judicial Division delivered on 13 June 2006. The facts that led to the appeal are as follows: The claimant now respondent by a writ of summons originally dated 24 June 2002 and amended on 5 May 2004, instituted an action against the defendant now appellant, claiming the following reliefs:
An order of specific performance compelling the defendant to comply with and implement its contract entered into with the plaintiff in September 2002 by: Computing, rendering an account to the plaintiff, and crediting all the 3207 lines warehoused by the plaintiff with all charges paid in excess of the aforesaid agreement. Reducing all charges in respect of all the 3207 lines warehoused by the plaintiff to the agreed tariff of N25.00 (twenty-five naira) per minute peak period. N17.50 (seventeen naira, fifty kobo) per minute off …