This appeal is from the judgment of the Court of Appeal that affirmed the decision of the trial High Court in the action herein which concerns a contract of haulage between the parties herein whereby the plaintiff was engaged to haul ore from a mine to defendant’s crushing plant. For reasons of convenience, the parties to the appeal shall bear the description which they had in the trial court. The dispute herein arose when the defendant terminated the contract of haulage before the period provided in the agreement. Following the said termination, the plaintiff claiming that it was done in breach of the agreement between them took out the writ of summons herein claiming compensation or damages and other ancillary reliefs.
Subsequently by an amendment to the writ and the statement of claim, the plaintiff sought from the High Court the following reliefs:
1. An order for damages or compensation in the sum of one million three hundred and fifty thousand US dollars ($1,350, 000.00…