The appellant in this case has appealed against the award of £1,000 general damages against him in the High Court of Lagos as well as other various sums of special damages also awarded with 150 guineas costs. Seven grounds of appeal were filed and the five relevant grounds which were argued are as follows:-
“(1) The learned trial judge erred in law when he held that a written contract has only been varied by oral agreement when the terms of the oral agreement are repugnant to the terms of the written contract.
(2) The learned trial judge erred in law in giving judgement on the terms of a contract upon which no claim can be founded in view of the oral agreement which the learned trial judge admitted and accepted.
(3) The learned trial judge misdirected himself when he held that no ultimatum was given by the defendant to the plaintiff on the 11th June, 1964.
(6) The learned trial judge misdirected himself when he made no order as to the payment over to the defendant of the m…