OLUMIDE V. EJOBE

UWABUNKEONYE ONWOSI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State, sitting at Ikeja Judicial Division delivered by HON. JUSTICE I.O. KASALI on the 14th March, 2007 in Suit ID/1974/2003.

Irked by the decision of the Court below, the Appellant filed a Notice of Appeal dated 8th day of June, 2007 on the same date, containing grounds of Appeal.

BRIEF FACTS OF THE CASE

The Respondent (who was the Claimant at the Trial Court) via a Statement of Claim dated 16th December, 2003 and filed on 17th December, 2003 (contained on pages 2-6 of the Records of Appeal) sought the following reliefs against the Appellant (who was the Defendant at the Trial Court:

(i) Supply of the goods or in the alternative payment of N960,000 (Nine hundred and sixty thousand Naira);

(ii) N1,000,000 (One Million Naira) as special and general damages for failure to deliver goods on time resulting in loss of profit and goodwill from third parties.

Upon being serv…