OMAGE JCA (Delivering the Lead Judgment): In this appeal, the appellant seeks a reversal of the judgment delivered in suit No. AB/26/95 between himself as the defendant/cross-claimant, and the plaintiff in the High Court of Justice, Ogun State, holding at Abeokuta. The judgment was delivered on 21/7/98 by Delano J, Chief Judge of the Ogun State High Court. The judgment reads as follows;
“It is hereby ordered that the defendant should release the KVA generating engine No.1633 ST 3331-03 and all particulars and accessories at the defendant’s filling/service station Kuto, Abeokuta thereof to the plaintiff on or before July 24, 1998.
(2) The plaintiff is granted special damages in the sum of one million, eight hundred and seventy six thousand naira (N1,876,000.00). The plaintiff is also granted the sum of one million, six hundred and twenty four thousand naira (N1,624,000.00) as general damages.
(3) On the whole, the plaintiff is granted the sum of N3,500,000.00 three million, five hundre…