GEORGE OLADEINDE SHOREMI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of the Benin High Court delivered on Monday the 20th day of March, 2000. The Respondent as Plaintiff in the trial court sued the Appellant as Defendant for diversion of its products which were consigned over to a period through the appellant as its transporter to various MDS Depots nation wide accordingly in its amended statement of claims the Respondent as Plaintiff claimed thus:
PARTICALAR OF DAMAGES:
(i) Conversion of Enugu consignment dated 5/10/96 ...
1500 x N1,375.88k N 2,063M820.00
less repayment of N 1,897,761.00
N 166,059.00
(ii) Conversion of Jos consignment dated
24/6/97 ... 1400 x N1,471.05k N 2,059,470.00
(iii) Conversion of Enugu consignment dated
4/7/96 ... 1600 x N1,575.88k N 2,201,408.00
(iv) Conversion of Ogba consignment dated
18/7/96 ... 600 x N919.73k N 551,838.00
(v) Conversion of Aba consignment dated
30/11/97 ... 600 x N1,575.88k N 825,528.00
(vi) Convers…