IBIYEYE, J.C.A. (Delivering the Leading Judgment): The appeal and cross-appeal in this matter arose from the decision of Omage, J., (as he then was) erroneously reflected in the record of appeal to have been delivered on 26th February, 1996 instead of 26th February, 1998 at the High Court, Benin City.
The plaintiff now the respondent/cross-appellant filed a Writ of Summons dated 5th of July, 1996 against the defendant now appellant/cross-respondent seeking a number of reliefs. These reliefs which are reflected in paragraph 23 of the amended statement of claim dated 29th of February, 1997 reads:
"23. WHEREOF, the plaintiff claims from the defendant as follows:
(a) A declaration that the detention by the defendant of 2168 cartons of Malta Guinness and 159 crates of Satzenbrau paid for by the plaintiff is illegal and an act of recklessness.
(b) A declaration that the detention of the plaintiff's vehicles referred to in paragraph 4 above by the defendant without releasing same to the pla…