Facts:

Facts:
The claimant executed an On – Air Exposure agreement with the defendant which
agreed to pay the sum of US$150,000.00 (One Hundred and Fifty Thousand United
States Dollars) to the claimant for advertising airtime of defendant’s THISDAY
FESTIVAL and included production fees. The claimant alleged that even though
these services had been rendered to the defendant, the defendant failed to make
payment after repeated demands. The claimant therefore filed a claim at the High
Court of Lagos State against the defendant for the outstanding sum and accrued
interests since 2008 when the contract was entered into and performed by the
claimant.
The defendant filed its statement of defence and a counter claim in which it conceded
that the agreement was performed by the claimant but that it never agreed to the
way and manner in which the advert placement and interviews were conducted,
airing without due permission and that these acts were carried out by the claimant
outside the terms of the agreement. The defendant further contended that the
claimant breached the terms of the agreement and that even though it approached
the claimant to discontinue the breach, the claimant failed to heed its request and
that these acts resulted into damages which caused severe losses to the defendant.
Trial commenced and the claimant’s witness tendered several documents. When
the defendant was to open its case, the court discovered that no written statement
on oath was filed alongside the statement of defence. The court also discovered
that the final written address of the defendant contained arguments concerning
the jurisdiction of the court which had earlier been taken and ruling delivered on
same.