AYOOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the Lagos High Court (Alabi, J.) giving judgment for the plaintiff in the sum of N4,426,075.00, being as to N1,000,000 refund of money deposited with the defendant by the plaintiff and, as to the balance, interest on the said sum.
The defendant who is the appellant in this appeal is referred to as the 'defendant', while the respondent who was the plaintiff at the trial is referred to as the 'plaintiff in this judgment. This appeal is limited to the award of the sum of N3, 426,075 as special damages. The main complaints of the defendant on this appeal are that there were no averments in the pleadings in support of the claim for interest as special damages; and that in any event the plaintiff did not establish its claim for special damages as required by law nor had it established a claim for interest and the quantum of such claim.
The background facts as found by the learned trial judge, were as fo…