IBIYEYE, J.C.A. (Delivering the Leading Judgment):
This is an appeal against the judgment of Onajite Kuejubola, J., of the High Court of Justice Warri delivered on the 21st day of April, 1999, in suit No.W/166/95.
The plaintiff commenced action against the defendant and claimed as follows in paragraph 24 of the Amended Statement of Claim:
"1. The sum of N50,000,000.00 (fifty million Naira only) being special and general damages for the breach of the said contract.
Or in the alternative to relief above an account of the monies accruing from the said contract from the date of collection of the goods till judgment and payment over to plaintiff by the defendant of all monies due to the plaintiff thereof.
2. A declaration that the plaintiff is not indebted to the defendant under and or by virtue of the said contract/agreement."
The defendant in strict compliance with the rules of the trial court filed and exchanged a statement of defence with counter-claim. It equally amended its plea…