SOSAN
V.
H.F.P. ENGINEERING (NIGERIA) LTD.
·
Sosan v. H.F.P. Eng. (Nig.) Ltd. (2004) 3 NWLR (Pt. 861) 546
MORONKEJI OMOTAYO ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiff now appellant in this judgment issued a writ against the defendant henceforth referred to in this judgment as respondent.
After service of the writ of summons on respondent, pleadings were delivered exchanged and amended. In accordance with the High Court (Civil Procedure) Rules of Lagos State respondent set up in her statement of defence a counter-claim which was also amended in the course of trial, to which appellant filed a reply. Upon completion of amended pleadings the case proceeded to trial.
Following the acceptable rule now regarded as elementary in Lahan v. Lajoyetan (1972) 6 SC 190, (1972) 1 All NLR (Pt. 2) page 217 that the particulars of claim pleaded in the statement of claim supersede the particulars of claim in the writ of summons. The claims of the appellant were as averred and pleaded in further amended statement of claim of 5 paragraphs hereby reproduced as follows from page 6 of the …