U.M. ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Edo State High Court sitting in Benin presided over by Hon. Justice V.A.O. Omage J (as he then was) delivered on the 31st day of May 1996.
The Respondent as the Plaintiff sued the Appellant as the Defendant claiming the following reliefs:-
"The Plaintiff claims against the Defendants jointly and severally the sum of thirty million Naira (N30,000,000.00K) being special and general damages for breach of contract in that on or about the 10th day of May, 1994, the Defendants at its Benin City branch, dishonoured the Plaintiff's cheque No. 85053 of 5/5/94 for N205,936.50k in favour of Lever Brothers Nigeria Plc without cause."
In the amended statement of claim filed by leave of court on 11th October, 1994, the plaintiff claimed as "particulars of special damages" as follows:-
Money deducted from Plaintiffs account N206,000,00k
Loss of profit for 1994/95 N10,000,000.00k
Solicitors fees N250,000…