KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Akwa Ibom State High Court in Suit No. HET/15/2004 delivered on 15/4/2008.
The Plaintiff's claim against the Defendants is for damages for breach of agreement. In the writ of summons and paragraph 19 of the Statement of Claim the Plaintiff pleaded as follows:
"19. The Plaintiff is affected by the breach of this agreement and has suffered damages. WHEREFORE the Plaintiff claims against the Defendants jointly and severally as follows:
1. A DECLARATION that the Defendants letter Reference No. NBLG/AD/S/57/VOL.11/49 dated 5th August, 2003 purporting to terminate the Plaintiff's legal retainership with the 1st Defendant and every action taken in pursuance of the said letter all amount to a Breach of the Agreement signed by the 1st Defendant and ultra vires null and void and of no effect whatsoever.
2. The sum of N2.5million Naira (Two Million, Five Hundred Thousand only) being spec…