I. M. M. SAULAWA, J.C.A: (Delivering the Leading Judgment) This is an appeal against the interlocutory decision of the High Court of Lagos State, Lagos Judicial Division, delivered on 26/10/07 by the Hon. Justice T.A.O. Oyekan-Abdullahi, J.
It is discernible from the record of appeal, that on 25/01/05 the Appellant filed in the court below a writ of summons (LD/91/2005), seeking two reliefs against the four Respondents, jointly and severally, viz:
"1) A Declaration that the LOSS OR WITHHOLDING OR DESTRUCTION of the case file in suit No LD/197/90 since May, 2004 by the Lagos State Judiciary wherein the Plaintiff is claiming Aggravated Damages of N10 Million against the Defendant as it terminates the plaintiff's right to seek redress in the Lagos State Court of Nigeria or causes undue delay in realising the redress.
2) The sum of N20 Million being Special and General Damages from the Defendants jointly and severally for the LOSS OR WITHHOLDING OR DESTRUCCTION OF THE CASE FILE IN SUIT N…