CLARA BATA OGUNBIYI, J.C.A (Delivering the Leading Judgment): This is an appeal by the defendant (hereinafter referred to as "the appellant") against the judgment of the Honourable Justice Tijani Abubakar sitting at the Federal High Court Lagos Judicial Division in Suit No.FHC/L/CS/708/05. The judgment was delivered on the 20th day of January, 2009. The plaintiff (hereinafter referred to as "the Respondent") claimed against the appellant declaratory and injunctive reliefs together with the sums of N8,000,000.00 (Eight Million Naira) and N2,000,000.00 (Two Million Naira) as exemplary/aggravated and general damages respectively in the amended statement of claim. The statement of claim and subsequently amended statement of claim are contained at pages 3-5 and pages 445-447 of the record of appeal respectively. Also the statement of defence and the subsequently amended statement of defence which incorporated a counter claim are contained at pages 72-74 and pages 359 - 368 of the record re…