IBIYEYE, JCA (Delivering the Lead Judgment): The plaintiff, now appellant, filed a writ of summons wherein he claimed a number of reliefs against the defendant, now respondent, in the High Court of Justice Benin City, Edo State. In strict compliance with Bendel State High Court (Civil Procedure) Rules as now applicable to Edo State, both the plaintiff and the defendant filed and exchanged pleadings. In view of the peculiar nature of the proceedings consensually acceded to by the parties that the matter be heardon the pleadings without adducing evidence, it is necessary to reproduce the salient averments in those pleadings for ease of comprehension. Thus, paragraphs 1, 2, 3, 4, 5, 8, 9, 10, 11 and 12 of the statement of claim which are pertinent to the reliefs sought by the plaintiff read:
“1. The plaintiff is a businessman carrying on business under the name and style of Owonifari Fancy Tailoring and Motor Enterprises while the defendant is a limited liability company incorporated u…