ONALAJA, J.C.A. (Delivering the Lead Ruling): Plaintiff now respondent in the interlocutory appeal brought an application in this court by way of preliminary objection requesting this court to strike out this appeal for lack of jurisdiction as no competent appeal is pending in this court, he is hereinafter referred to in this ruling as the applicant. The motion was on notice to the defendant now appellant in the interlocutory appeal but now respondent on notice of the interlocutory motion to strike out the interlocutory appeal, henceforth the defendant/appellant is referred to in this ruling as respondent. Owing to the nature of the application, parties were directed to submit written submissions and each party filed written submission on 28th January, 1977 and 14th February, 1997 respectively.
Applicant claimed in conclusion of his statement of claim as follows:
"WHEREFORE the plaintiff's claims is for:-
(a) The sum of twenty-one Million Naira (N21,000,000.00) being special damages …