FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Edo State of Nigeria sitting in Benin Judicial Division (hereinafter referred to as: "the Court below") delivered on the 8th day of June, 2004 Coram: J. O. OMORODION J., wherein the Court below gave judgment in favour of the Respondent.
The Respondent at the Court below in its Writ of Summons dated and filed on the 19-8-1997 claimed against the Appellant who was Defendant the sum of N150,000.00 (One Hundred and Fifty-Thousand) Naira being special and general damages for breach of contract.
On the part of the Appellant as Defendant, he filed an Amended statement of defense and Counter-Claim dated 30-7-2001. By the order of the Court on the 21-2-2000, the Respondent herein amended his Statement of Claim and thereafter trial commenced in the matter. Two witnesses were called by the Respondent, while the Appellant called one witness. At the close of trial, Counsel to t…