<p>MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State High Court of Justice sitting at Kano and delivered by Patricia Mahmud J. on 4/5/95. At the trial court the respondent who was the plaintiff took out a writ of summons dated 25/10/90 and claimed the total sum of N378,024.00 from the appellant which was the defendant being the total value of textiles materials and threads entrusted by the plaintiff to the defendant for freight by air from Cairo in Egypt to Kano in Nigeria and general damages.</p><p> The parties exchanged pleadings before hearing commenced before Mahmud J. The plaintiff was the only witness who testified in support of his claims while the defendant called 3 witnesses who testified in support of its defence. At the end of the trial, the learned trial Judge found for the plaintiff and granted part of his claims as follows:-</p><p> &quot;I find from this case that the plaintiff has proved his case on a balance of probabilities against…</p>