AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: (Delivering the Leading Judgment): This appeal is against the judgment delivered on 17/3/1999 by the High Court of Justice, Delta State, Warri Judicial Division (hereafter simply referred to as "the lower court") presided over by Hon. Justice (Mrs.) P.O. Onajite-Kuejubola (hereafter simply referred to as "the learned trial Judge"). The action in which the lower court delivered the judgment appealed against, was instituted by the Respondent as Plaintiff and the lower court in the said judgment found the Respondent's claim to have succeeded and awarded in his favour, damages assessed at N358,180.00 and interest at 10% thereon per annum from 17/3/99, till the same is paid.
The instant case was contested by the parties on pleadings which they filed and duly exchanged consequent to the Writ of Summons dated 15/9/1993 that issued by the order of the lower court. The Appellant as Defendant before the lower court also amended its pleading. The case of th…