PIUS OLAYIWOLA ADEREMI, J.C.A. (Delivering the Leading Judgment): The Appeal is against the Judgment of the High Court of Lagos State delivered on 2nd June, 1993 in suit No. LD/835/99. The Respondent who was the Plaintiff at the Court below had sued the Appellant who was the Defendant in that Court claiming:
(1) A declaration that the Lagos State Government is obliged to indemnify it against its liability in suit No. LD/150/87.
(2) An order directing the Lagos State Government to pay to the Plaintiff the said sum of US$166,363,090.19 being the sum the Plaintiff is obliged to pay to its overseas suppliers under the Judgment in suit No. LD/3138/96 and all interest accruing therein. Pleadings filed and exchanged between the parties are the Statement of Claim and the Statement of Defence sequel to the taking of the viva voce evidence of the only witness called in the case and that was by the Plaintiff/Respondent as the Defendant/Appellant called no witness, by consent of Counsel on both s…