RITA NOSAKARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the final Judgment of Honourable Justice A. A. Phillips of the High Court of Lagos State delivered on the 11th of June, 2009, wherein, as reflected at pages 486-487 of the Record of Appeal, judgment was given in favour of the Claimant (Respondent in this appeal) against the Defendant (Appellant in this Appeal).
The action, subject matter of this appeal was commenced, after pre-trial conference formalities, by Amended Writ of Summons dated 17th October, 2006 - shown on page 280-281 of the Record of Appeal.
In it, the Claimant claims the following against the Defendant viz:-
"An order that the Defendant illegally and unlawfully retained the sum of US$871,595.04 being foreign exchange allocated to and purchased on behalf of the Claimant by the Defendant and which sum of money the Claimant fully paid the naira value to the Defendant."
2. "An order that the Claimant, are entitled to, and that the Defen…