N/D

IBIYEYE, JCA (Delivering the Leading Judgement): This appeal is sequel to the Judgment of Obi, J. of the defunct Bendel State High Court (now Delta State High Court) sitting in Warri in suit No. W/268/88 delivered on 22nd of January 1993.

The respondent, as plaintiff, claimed against the appellant, as defendant, in paragraph 11 of its statement of claim as follows:-

“1. Specific performance by the defendant of its contract to deliver the aforesaid 61 steel pipes to the plaintiff.

Further or Alternatively

2. The return of the sum of N244,000.00 paid by the plaintiff to the defendant plus another sum of N366,000.00 as loss of profit by the plaintiff if the 61 steel pipes had been resold by the plaintiff at the rate of N10,000.00 per pipe.

3. Interest of 25% per annum on the sum of N244,000.00 from the 9/9/88 when the contract should have been performed by defendant (sic) to date of Judgment of money paid (sic)

4. Any further reliefs or orders as this Honourable Court may deem fit to make in…