DRAGETANOS CONSTRUCTION (NIG.) LTD V. FAB MADIS VENTURES LTD NIGERIA DEPOSIT INSURANCE CORPORATION (SUBSTITUTED BY ORDER OF THE COURT FOR TRADE BANK PLC)

AGUBE JCA (Delivering the Lead Judgment): The 1st respondent (then the plaintiff) at the High Court of Justice of Kwara State of Nigeria in the IIorin Judicial Division took out a writ of summons against the appellant and the 2nd respondent and in the amended statement of claim dated 24

January2002 and filed same date, sought for the following reliefs in paragraph 25 thereof, inter alia :

Whereof the plaintiff claims:

The sum of N28,672,706.22 (twenty-eight million, six hundred and seventy-two thousand, seven hundred and six naira, A twenty-two kobo) from the defendant as special and general damages. An order of perpetual injunction restraining the lst and 2nd defendants either by themselves, agents, privies or by whichever name called. A declaration that the 1st defendant is not entitled to payment of bond of N5,000,000.00 (five million naira) or any sum at all from the 2nd defendant in respect of the contract which the 1st defendant breached and which is the subject of this suit. A…