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OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the court of Appeal, Port Harcourt Judicial Division, Holden at Port Harcourt, hereinafter called the court below, delivered on the 16h day of January, 2003. The appellant herein was the plaintiff before the trial court wherein it had instituted an action against the respondent herein as defendant and in paragraph 17 of the statement of claim filed on 25/10/94 claimed, inter alia, as follows:
"The plaintiff claims against the defendant the sum of N10,000,000.00 being special and general damages for breach of contract."
After pleadings were filed and exchanged and issues, were joined, the case proceeded to hearing. In its judgment delivered on 3rd November, 1999 judgment was given in favour of the plaintiff against the defendant as claimed.
Aggrieved by the decision of the trial court, the respondent proceeded to the court below.
The gist of the case goes simply thus: The appellant h…