ELEPHANT INVESTMENT LIMITED V. MR. ADENIRAN OLAPOJOYE FIJABI

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): In a bid to get into the international market, the Respondent entered an agreement with the Appellant, a company engaged in wood processing and exportation to supply Franig of France with a special kind of wood - "Red Apa Blocks - free of all defects such as knots, cracks, sap, heart, pinnacles, cross-grain and under/over sizes" by January/February 1996. The Purchase Contract dated 22/12/1995 included a Special Clause -

"Goods have to be inspected by Elephant Investment Limited Management and representatives of the buyers prior to payment".

The Respondent paid the Appellant the sum of N15,000.00 as contract procurement fee, and to comply with the required quality, it delegated one of its officers to accompany him to select pieces of wood supplied and accepted by the Appellant in February, March and May 1996.

After the supply in May, he demanded for his contract proceeds, and when he was not paid same, he wrote to the Appella…