OLUFUNLOLA OYELOLA ADEKEYE, J.S.C (Delivering the Leading Judgment): By a notice of Appeal filed at the Supreme Court of Nigeria Registry on the 24tn day of June, 2003, the appellant G.N.N. Nwaolisah appealed against part of the judgment of the Court of Appeal Enugu delivered on the 15th of May 2003.
In the High court of Anambra state sitting at Onitsha, G.N. Nwaolisah, a businessman trading under the name and style of G.B. VITTALIS CO. (NIG.) as plaintiff, in paragraph 25 of his amended statement of claim sued the defendant now appellant before this court, paschal Nwabufoh, a clearing agent operating under the name and style of Paskodi Maritime Agencies claiming as follows:-
(i) The sum of N57,000.00 (fifty seven thousand Naira) as special damages being money had and received by the defendant from the plaintiff for a consideration that has wholly failed.
(ii) The sum of $172,200 U.S. dollars as special damages C.I.F. value of the goods shipped from Italy.
(iii) Interest on the above …