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CHINWE E. IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the defendant/appellant against the judgment of Kolawole J. of the High Court of Ondo State sitting at Ondo in Suit No HOD/25/2007 delivered on the 13th day of October, 2010. The Plaintiff/Respondent took out a writ of summons against the defendant/appellant on 2/5/07 claiming in their 2nd amended statement of claim as follows:-
"(a) Order of court compelling the Defendant to supply the Plaintiff with the following goods:
a. Large Stout - 335 crates or cartons
b. Small Stout - 8I73 crates or cartons
c. Harp - 360 crates or cartons
d. Malta Guinness - 1146 crates or cartons
Being the shortfall of goods due to the Plaintiff from the Defendant and already paid for by the Plaintiff.
OR IN ALTERNATIVE
(b) The sum of N31,960,293.37 (Thirty-One Million, Nine Hundred and Sixty Thousand, Two Hundred and Ninety Three Naira, Thirty-Seven Kobo) being the outstanding sum owed the Plaintiff by the Defendant in respect…