This is an appeal against the judgment of the High Court of Lagos delivered on 16th June 1995 in suit no. LD1724/94. The plaintiff's claim in the court below is as follows: -
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Whereof the Plaintiff's claims from the defendant are for:
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i
The sum of N3, 000,000 (Three Million Naira) being money deposited by the plaintiff with the defendant and accepted as evidence by the defendant's Certificate of Acceptance No. PMBA No. 1239 dated the 24th day of January 1994.
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ii
Interest on the said sum of N3, 000,000 (Three Million Naira) at the agreed rate of 14.50% per annum with effect from the 24th day of January 1994 until the whole sum of N3, 000,000 (Three million Naira) with the agreed accrued interest is fully liquidated by the defendant.
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iii
Cost of this action and any other ancillary reliefs the court may consider appropriate in the circumstances of this case".
The defendant/appellant filed a statement of defence; denied the claim of the plaintiff and also counter- claiming against the plaintiff as follows: -"Wherefore the defendant counter-claims against the plaintiff as follows:
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a
The sun of N300, 000.00 as special damages being the cost it incurred as Solicitor's fees for the defence of this action and prosecution of the counter-claim.
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b
All other incident out of pocket expenses and costs incurred by it in the prosecution of the action".
After taking evidence at the trial and after considering all the documents tendered below the court the learned trial judge gave judgment in favour of the plaintiff as follows: -
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"Judgment is hereby entered by the plaintiff against the defendant for the sum of N300, 000.00 (Three hundred thousand Naira) being the balance of the plaintiff's claim with interest at 14.50% per annum from the 25th day of May 1994 until the final liquidation of the judgment debt by the defendant".
In addition the learned trial judge dismissed the defendant's counter-claim in its entirety. The defendant/appellant was dissatisfied with this judgment and has appealed to this court
