LEMIT ENGINEERING LIMITED V. REYNOLDS CONSTRUCTION COMPANY LIMITED

HARUNA SIMON TSAMMANI, JCA (Delivering the Leading Judgment): This appeal is against the decision of the Oyo State High Court, sitting at Ibadan, delivered by I. S. Yerima, J on the 14th day of June, 2007 in Suit No: I/67/2000.

The Appellant as Plaintiff before the Oyo State High Court had taken out a Writ of Summons against the Respondent dated the 24/01/2000 and which Writ was superceded by a Statement of Claim dated the 09/10/2003 and filed on the 10/10/2003. The said Statement of Claim was amended by leave of the Court below and filed on the 10/03/2005. By Paragraph 19(a) of the said Amended Statement of Claim, the Plaintiff/Appellant claimed the following reliefs:

(a) The sum of ₦60,000.00 (Sixty Thousand Naira) being the value of 4 Hi-tension poles belonging to the Plaintiff and destroyed by the Defendant as a result of their negligence.

(b) ₦3,790,000.00 (Three Million, Seven Hundred and Ninety Thousand Naira) being special and general damages for losses suffered by the Plaintiff …