SAMUEL CHUKWUDUMEBI OSEJI, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State delivered by Oyebanji J. on 26-5-2009 in suit No LD/1007/2009 wherein the claimant's (now appellant) Suit was dismissed.
The appellant had as a claimant commenced a suit against the defendant (now Respondent) by filing a writ of summons dated 6-5-2004 and a statement of claim dated 5-5-2004.
In paragraph 25 of the said statement of claim the claimant claimed the following reliefs against Respondent:-
(a) "An order of this Honourable court, directing the defendant to forthwith pay to the plaintiff, the outstanding sum of ₦6,928,681.40 (six million, nine hundred and twenty-eight thousand, six hundred and eighty-one naira, forty kobo) being outstanding sum from the total contract sum, the 60% some for additional work and interest on the borrowed sum as at date and interest at the rate of 21% p.a. from 30th May 2002 till judgment and final liquidation.
(b)…