AMIRA NIGERIA LIMITED V. MAL NIGERIA LIMITED

OBADINA, JCA (Delivering the Lead Judgment): This is an Appeal against the Judgment of the Borno State High Court, sitting at Maiduguri, delivered on the 14th of May, 1998 in suit No.M/288/97, against the appellant. At the Lower Court, the respondent was the plaintiff while the A appellant was the defendant/counter-claimant.

In paragraph 19 of the Statement of Claim, the respondent, as plaintiff, claimed as follows:

“Whereof the plaintiff claims from the defendant the following reliefs: An Order directing the defendant to deliver up to the plaintiff the plaintiff’s CAT D6 Buldozer in it normal condition as at the time the defendant... or N12,000,000.00 being its market value, the old parts being removed from the plaintiff ’s machines by the defendant, or N409,000.00 being their total value, unlawfully detailed by the defendant. The sum of N20,000.00 per day commencing from 12th

October, 1996 until delivery of the plaintiff ’s CAT D6 Buldozer.

The sum of N3,581,000.00 being the sum paid …