ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the interlocutory decision of the High Court of Lagos State delivered by Hon. Justice A. Olateru-Olagbegi on 12th December, 2012, wherein the learned trial judge dismissed the Appellant’s application.
BRIEF STATEMENT OF FACTS
The 1st Respondent as Claimant instituted the action at the trial Court via a writ of summons and statement of claim wherein he claimed reliefs bordering on out of pocket expenses, loss of use of his car, replacement of his car as well as damages for embarrassment, humiliation, physical and psychological inconvenience experienced by him all in relation to fuel he bought from the 2nd Respondent (1st Defendant), which fuel was allegedly supplied by the Appellant (2nd Defendant).
The Appellant subsequently filed a motion on notice dated and filed on 9th September, 2011 seeking an order of the trial Court striking out paragraphs 48, 49, 53, 54 and 55 of the 1st Respondent’s Statement …