BA'ABA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of Abutu, J of the Federal High Court, sitting at Benin delivered on the 7th day of July, 1997, refusing or dismissing the application brought by the appellant to strike out the respondent's suit on the ground that the Honourable Court lacked jurisdiction.
The respondent's claims in the statement of claim dated 17/2/97, filed on 18/2/97 at page 15 of the record reads;
"Wherefore the plaintiff claim against the defendant are as follows:
a) Special damages of DM 28,572.70 being the value of the Iroko furniture component exported to Belgium under LC No. K16167/65626 or the Naira equivalent of ₦1,478,279.80.
b) Loss of earnings on investment of DM 28,527.70 at the rate of 15% per annum at the commercial bank savings rate interest of 15% per annum for the period 1st January, 1991 to the day of judgment.
c) ₦60,000.00 as general damage for negligence".
In the statement of claim the respondent in paragraph…