CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The appeal herein is against the judgment of the Court of Appeal, Ibadan Judicial Division delivered on 15th February, 2001. By the aforesaid decision, the lower Court held that, the plaintiff's suit was incompetent and was accordingly struck out.
The Appellant herein, being dissatisfied with the judgment of the Court of Appeal, sought and obtained leave of the said Court and appealed against the judgment thereof.
FACTS RELEVANT TO THE APPEAL
The Appellant was the plaintiff at the High Court. It filed an action against the Respondent who was Defendant, seeking for declarations and monetary claim for breach of contract arising from a contractual relationship which hitherto existed between the Plaintiff and the Defendant.
In the course of proceedings before the trial Court, plaintiff/appellant amended its statement of claim. The defendant filed an original statement of defence denying the claim of the plaintiff. However, in the …