Facts:

This is an appeal against the interlocutory decision of the High Court of Lagos State (trial court) delivered by Hon. Justice A. Olateru-Olagbegi on 12th December, 2012.

The 1st Respondent as Claimant instituted the action at the trial court via a of writ of summons wherein he claimed reliefs bordering on out of pocket expenses, loss of use of his car, replacement of his car as well as damages for embarrassment, humiliation, physical and psychological inconvenience experienced by him all in relation to fuel he bought from the 2nd Respondent (1st Defendant), which fuel was allegedly supplied by the Appellant (2nd Defendant).

The Appellant as 2nd Defendant contended the 1st Respondent claim by subsequently filing a motion on notice seeking an order of the trial court striking out paragraphs 48, 49, 53, 54 and 55 of the 1st Respondent’s Statement of Claim on ground that they are immaterial to the 1st Respondent’s claim and are likely to prejudice and embarrass the fair hearing of the suit.

Parties joined issues on the Appellant’s motion, and the trial upon hearing the applications ruled in favour of the 1st Respondent and dismissed the Appellant’s application.

Aggrieved by the decision of the trial court, the Appellant appealed to the Court of Appeal.