JOSEPH JUDE JELLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Akwa Ibom State, Uyo delivered on the 27th June, 2012 in Suit No. HU/350/2008, by which Judgment was entered in favour of the Respondent as Plaintiff, against the Appellant.
A resume of the facts leading to this case will serve a better understanding of the case.
The Respondents sued the Appellant for a declaration that the engine failure developed by the bus supplied to the Plaintiff/Respondent by the Defendant Appellant amounts to a breach of condition and warranty as to merchantable quality as advertised by the Defendant/Appellant and this entitles the plaintiff/Respondent to repudiate the contract and for an order directing the Defendant/Appellant to refund to the Plaintiff/Respondent the sum of six million eight hundred and ninety five thousand naira (N6,895,000.00) being the purchase price for the bus or to replace the bus with another in good condition.