ODUYEMI, JCA (Delivering the Lead Judgment): The respondent, as plaintiff caused a writ of summons to be issued against the appellant as defendant in the Suleja Judicial Division of the Niger State High Court. The summons was endorsed with the claim:
“A declaration that the defendant’s oral termination or revocation of the contract in writing dated 3/9/96 vide Local Purchase Order No. D.5/093 for the supply of Talc Lumps valued N2.5 million by the plaintiff to the defendant is wrongful, improper and constitutes a breach of contract.”
By a further and further amended statement of claim the reliefs eventually claimed by the plaintiff in the lower court are: “Wherefore the plaintiff claims from the defendant the sum of N303,785,000.00:
PARTICULARS OF SPECIAL DAMAGE
(a) Loss of anticipated profit
Cost of production of 1 metric ton N1,000.00
Profit per ton N1, 500.00
Profit on undelivered 757.575 tons at N1,500.00 per ton N1,130,363.00
(b) Additional delivery cost for reloading of Talc Lumps…