OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE V. R. A. OLIYIDE & SONS LTD.

ONALAJA, JCA (Delivering the Lead Judgment): The plaintiff an incorporated company registered in Nigeria issued a writ of summons against the defendant a corporation at Ile-Ife High Court in Ife Judicial Division of Osun State High Court. The writ of summons along with the statement of claim were served on the defendant. As it is trite law that a statement of claim supersedes the particulars of claim in the writ of summons therefore the claims of the plaintiff were as pleaded in paragraph 49 of the statement of claim as follows:-

“49. Whereof the plaintiff claims as follows:-

a. Declaration that the purported determination of the contract between the plaintiff and the defendant is wrongful, null and void.

b. ₦5,000,000.00 (Five Million Naira) compensation for loss of use of plants and equipment by the plaintiff as a result of unlawful and illegal detention of the equipment by the defendant since November, 1989 till date of this action. Evidence shall be led to establish the claim.

c.…