MOHAMMED LAWAL GARBA, JCA (Delivering the Leading Judgment): This appeal is against the judgment of Federal High Court sitting in Lagos delivered on the 5th November, 2008 in the Respondent's Suit No. FHC/L/CS/971/2004 which was given in its favour. The appeal was brought vide a Notice of Appeal dated 27th January, 2009 containing seven (7) grounds, which was amended by the Amended Notice of Appeal filed on 15th February, 2016.
In the Appellant's brief filed on the 9th February, 2016, deemed on the 28th November, 2016, at the oral hearing of the appeal, three (3) issues are said to call determination in the appeal from the nine (9) grounds of appeal contained on the Amended Notice of Appeal. They are-
(i) Whether having regard to the pleadings and credible evidence adduced, the Respondent is entitled to judgment in the sum of ₦4.5 Million as mense profit.
(ii) Whether the award of interest to the Plaintiff at 21% Per annum with effect from 20/09/04 till date of judgment is legally sustai…