OGEBE, JCA (Delivering the Lead Judgment): The respondent company sued the appellant company by writ of summons issued in the High Court of Justice, Port Harcourt on the 18th October, 1989. The respondent filed a statement of claim which it later amended as shown at pages 58-64 of the record of appeal. Paragraph 24 of the amended statement of claim put the claims as follows:
“(1) Specific performance by the defendant of the defendant’s contract to deliver to the plaintiff the whole of the scrap iron lying and situate at the defendant’s premises at Rumuolumeni village (otherwise called Iwofe or Wimpey jetty) in Obio/Akpor Local Government Area of Rivers State of Nigeria within the jurisdiction of the Honourable court; and
(2) The sum of N300,000.00 (three hundred thousand Naira) being damages for the detention of the bulk of the said scrap iron until the same is delivered to the plaintiff, including N66,000.00 being refund of demurrage paid.
or in the alternative
(3) The sum of N500,0…