KATSINA U. D. UZOR V. BONIFACE ANYIKA & CO. LAGOS NIGERIA LIMITED

OGUNTADE, JCA (Delivering the Lead Judgment): The respondent was the plaintiff at the Ikeja High Court of Lagos State where in suit No. ID/ 1343/88 it claimed against the appellant and five others the following reliefs: “15. ... The plaintiff has suffered loss and damages and claims against all the defen dan ts jo intly and s everally the s um of N5,646,600.00 for converstion being the present official exchange rate of US$68,800 at N82.00 to the Dollar. 16(a) IN THE ALTERNATIVE, the plaintiff claims the return of its said consignment of goods that is to say, 400 units of orthopaedic surgical chairs. 17(b) The plaintiff claims the sum of N12,500.00 from the 2nd defendant being money paid to him for the clearing of the said consignment of goods.” The suit as against the original 1st and 5th defendants was later struck out, an occurrence which then made the appellant the 2nd defendant in the suit. The plaintiff filed an Amended Statement of Claim dated 7/5/96 fromwhich I extracted the …