Facts:

Facts:
The claimant sued the defendant at the High Court of Lagos State on the allegation
that the defendant breached an agreement it entered into with the claimant for the
installation and commission of Optix Engineering Services Equipment. The claimant
alleged that the equipment was supplied but that the defendant had refused to pay
the outstanding sum. The claimant therefore filed a claim for the sum of US$
242,218.50 (Two Hundred and Forty-Two Thousand, Two Hundred and Eighteen
United States Dollars and Fifty Cents) as damages for the alleged breach of contract
and further claimed 21% (twenty one) percent interest on the said sum from August,
2010 when the sum became due.
The defendant upon being served with the process, filed its statement of defence
and incorporated a counter claim in which it alleged that it was the claimant that
was in breach of agreement for the importation, installation, commission and
maintenance of the Dense Wavelength Division Multiplexing (DWDM) equipment
and ISP equipment. The defendant/counter claimant therefore sought an order
compelling the claimant/defendant to pay to it the sum ofUS$1,857,264.35 (One
Million, Eight Hundred and Fifty Seven Thousand Two Hundred and Sixty Four
Dollars and Thirty Five Cents) being the total sum expended by the defendant/
counterclaimant in procurement, carriage and storage of the said equipment which
were discovered to be incompatible with its already existing equipment.