JOHN INYANG OKORO, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Benin Division delivered on 8th September, 2005 wherein the lower Court set aside the judgment of the learned trial Judge which was in favour of the present appellant as plaintiff. Not being satisfied with the setting aside of the judgment it won at the trial Court by the Court below, the appellant has appealed to this Court. A brief statement of the facts will suffice.
The appellant which was a customer of the respondent obtained the leave of the High Court of Edo State, sitting in Benin to institute an action against the respondent, wherein it claimed as follows in paragraph 10 of its statement of claim:
a. A declaration that the plaintiff is entitled to the immediate supply to the plaintiff 1,400 cartons of star beer (sic) and 2100 cartons of Gulder beer by the defendant.
b. An order of Court compelling the defendant to supply to the plaintiff 1,400 cartons of star bee…