JOHN HOLT & CO. LTD V. JONAS N. EZEUKO

G. S. SOWEMIMO, JSC (Delivering the Leading Judgment): On 17th May, 1973, Agbakoba, J., sitting at the court of the Onitsha Judicial Division, East Central State, gave judgment in favour of the plaintiff, respondent before us, in the following terms:-

"In the final result I would say that plaintiff is entitled to credit of the value of 361 bags of produce at 2:8:6d. There was no contest as to the price of each bag. Item 1 therefore partially succeeds not on the strength of plaintiff's case but on the reliability which I place on Exhibit B produced by the defendant. This would amount to a sum of 675:8:6d. The plaintiff succeeds on his own case in item 4 which is 18:2:6d, bringing the total to 893.11. The plaintiff is indebted in the sum of 224.17.1d to the defendant. The balance payable to the plaintiff by the defendant is 668.13.11d.

There will be no order as to costs. The partial success of plaintiff's case depended on the view which I took of Exhibit B. The plaintiff neither founded…