D. MUSDAPHER, JSC (Delivering the Leading Judgment): In the Federal High Court holden at Lagos and in suit No. FHC/121/90, by an amended statement of claim the plaintiffs' claim against the defendants were as follows:-
"1. Delivery of all 41 reels of Kraftliner Board 150 GSM 2050 mm directly to the plaintiffs' factory with all other consequential directions and/or either.
2. Damages for fraud or fraudulent misrepresentation and/or negligence. And/or
3. Payment of the sum of USD 71,446.94 plus interest at the rate of 8% from the 22nd of August, 1990 to the date of judgment and thereafter interest at the rate of 10% until date of payment.
4. The sum of ₦697,066.81 being the amount specified items 3, 4, 5, 6, 7 and 8 or the particulars listed in paragraph 14 supra.
5. Anticipated loss of profit on use of goods ₦2,000,000.00 (Two million Naira) if they had arrived and been processed.
6. Further and or other reliefs as the court may deem fit."
Pleadings were ordered, delivered and amen…