PAUL ADAMU GALINJE, .J.C.A (Delivering the Leading Judgment): The Respondent herein as Plaintiff at the Federal High Court Lagos, (henceforth to be called 'Lower Court') claimed in its original summons dated and filed on the 30th of June 2000 against the Appellant herein and two others, namely ELF Petroleum Nigeria Ltd and Mobil Producing Nigeria Unlimited the following reliefs: -
"(i) A declaration that the 1st Defendant acted ultra vires its powers and unlawfully when it purportedly by its letter of July 7,1999, advised the Plaintiff that it had cancelled the Consulting Services Agreement dated March 1, 1999.
ii) A declaration that the 1st Defendant cannot legally and/or lawfully cancel the Consulting Services Agreement executed with the Plaintiff on March 1, 1999.
(iii) A declaration that the purported cancellation of the Consulting Services Agreement by the 1st Defendant violated the Plaintiff Constitutional right to fair hearing and is therefore illegal, unconstitutional, null an…