KUMAI BAYANG AKAAHS, J.C.A (Delivering the Leading Judgment): This is an appeal which was filed by the Plaintiff against the judgment of the Federal High Court, Lagos delivered on 3/6/99 by Justice T.A. Odunowo in Suit No. FHC/L/CS/86/94 dismissing the suit against the 1st Defendant. By its Particulars of Claim dated 26th January, 1994 which were repeated in paragraph 21(i-iii) of the Statement of Claim the Plaintiff claimed against the Defendants jointly and severally as follows:
a. The sum of ₦5,242,507.73 being money had and received by the Defendants from the Plaintiff without lawful justification, which the Defendants have failed, refused and/or neglected to pay despite repeated demands by the Plaintiff.
b. Interest on the said sum of ₦5,242,507.73 at the rate of 85% per annum from in June 1993 to 31st December, 1993 and at 21% per annum from 1st January, 1994 until the whole debt is liquidated.
c. Further reliefs.
The Plaintiff and the 1st Defendant filed and exchanged pleading…