HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Oyo State High Court of Justice sitting in Ibadan delivered on the 13th day of August, 2009 in Suit No. M/344/2005.
The Suit in the Court below began by the Respondent herein filing an Originating Summons dated and filed on the 9/11/2005. Later on pleadings were filed, when the learned trial Judge transferred the matter to the general cause list. The Plaintiff now Respondent filed a Statement of Claim. The Appellant who was the Defendant responded by filing a Statement of Defence. The suit was therefore heard on the Amended Statement of Claim dated and filed on the 27/6/08; and the Consequential Amended Statement of Defence dated the 16/10/2008 and filed on the 17/10/2008. By paragraph 18 of the Amended Statement of Claim, the Plaintiff/Respondent sought the following reliefs:
1. The sum of Nine Hundred and Five Thousand, Eight Hundred and Seventy-Two (N905,872.00) being the cost …