JA'AFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Justice Modupe Fasunmi (Mrs), Judge of the High Court of Ijero-Ekiti State in suit No. HIJ/3/98, Chief Elijah Omoniyi Ajayi v. Total Nigeria, Plc, passed on 7th February, 2002.
Before the trial court, the appellant as defendant was sued by the respondent as plaintiff claiming, as per the writ of summons and particularly paragraph 19 of the statement of claim for the following:
"'(a) a declaration that the termination of the Marketing Licence between plaintiffs and first defendant by first defendant's letter reference number GSA/MOI/EXT3497 of 26th November, 1997 is unjustified, wrongful, unfair, unconscionable and mala fide, and an order setting aside the said letter of termination,
two million Naira (N2,000,000.00 being special and general damages against the defendant, jointly and severally, for the unjustified, wrongful, unfair, unconscionable and mala fide termi…