SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment): The Plaintiff sued the Defendant in the High Court of Lagos State by a Writ of Summons and Statement of Claim filed on May 28th, 1999 wherein it claimed against the defendant mesne profit of one million five hundred thousand naira (N1,500,000:00k) with interest of 21% per annum for the period between October 13th, 1995 and July 28th, 1998 which was calculated as; two million, nine hundred thousand, two hundred naira (N2,900,200.00k).
The plaintiff also filed an application with the same prayers in the writ of summons and statement of claim by a summons on notice brought pursuant to Order 11 rules 1 and 2 of the High Court of Lagos State (Civil procedure) Rules 1994 on August 23rd, 1999. The defendant filed an affidavit showing cause and subsequently filed an amended statement of defence.
Trial commenced on December 15th, 1999 and the learned trial Judge entered final judgment summarily on the strength of the summons on not…