Facts:
Sometime in March, 2000, the 1st respondent, an incorporated company engaged in the business of natural hydrocarbon gas exploration, transmission, management, distribution and sales, and the appellant, an engineering and construction company, entered into a contract for the construction of a gas distribution pipeline at Agbara/Ota.
There arose a dispute over the contract which led to its termination in 2001 by the 1st respondent. In 2002, the appellant sued the 1st respondent at the lower court for breach of contract and sought general and special damages. While the suit was pending and being heard, the appellant invited the 2nd respondent to investigate and decide the contractual rights of the parties in that contract. That led to the arrest and detention of the 1st respondent’s employees by the 2nd respondent between 2004 and 2005.
Sequel to that, the 1st respondent beseeched the lower court, via writ of summons seeking for declaratory and injunctive reliefs. In response, the appellant joined issue and filed its statement of defence. The 2nd respondent filed no defence after entering a conditional appearance.
Following the rival claims, the lower Court proceeded to a full-scale determination of the case. In proof of its case, the 1st respondent fielded two witnesses and tendered four documentary evidence. However, the appellant and 2nd respondent called no witness. The appellant rested its case on that of the 1st respondent. In a considered judgment, delivered on 16th December, 2016, the lower Court granted the 1st respondent’s reliefs, with the exclusion of one relief.
Dissatisfied, the appellant appealed to the Court of Appeal.