TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment) This is an appeal against the Ruling of the High Court of Justice, Ekiti State holding at Ado-Ekiti, Coram C. I. Akintayo J, delivered on the 7th June, 2006. The Appellant herein was the Defendant in the lower court whilst the Respondent was the Plaintiff who filed an action claiming as per the Writ of summons the following reliefs:
"(a) a declaration that the sum of two hundred and fifty thousand naira (N250,000.00) paid over to defendant on 16th December, 2003 was for purposes of buying shares in defendant.
(b) a mandatory order on defendant to issue to plaintiff the necessary shares certificates in respect of the said sum of money.
(c) two million naira (N2,000.000.00) general damages for defendant's breach in giving plaintiff his share certificate and the consequent loss of dividends from 2004."
The case as can be gleaned from the processes filed by the parties is that: The Plaintiff was and is still a Customer of the Def…