AUGIE JCA (Delivering the Lead Judgment): By a writ of Summons dated 15 July 1997, which the appellant filed at the Lagos State High Court on 23 July 1997, he claimed as follows against the respondent:
The sum of N7,500,000.00 (seven million, five hundred thousand naira), beingthe value of crops, plantations, trees , fruits, etc., belongingto the appellant which were destroyed by the [respondent] ; The Sum of N49,500.00 (forty-nine thousand, five hundred naira), being the cost of rehabilitating the appellant’s farms damaged by the respondent; and Costs of the action.
However, after some twist and turns, includinghis change of counsel, transfer of the part-heard matter to another judge, and amendment of his pleadings, he filed an amended statement of claim dated 4 March 2014 , wherein he claimed:
The sum of N5,395,000.00 (five million, three hundred and ninety-five thousand naira), being the value of farm produce or loss of income from the appellant’s farms damaged by the respondent ; T…