OGWUEGBU, JSC (Delivering the Lead Judgment): The appellant was the defendant in Suit No. ADSY/25/93 instituted by the respondent as plaintiff in the High Court of Adamawa State, Yola Judicial Division. The def endan t was an accred ited distributor of the Anamb ra Mo tor Manufacturing Company Ltd. (ANAMCO for short). The parties entered into a contract for the sale of two Mercedes Benz Trucks Model L.911/48C by the defendant to the plaintiff at a unit cost of N846,000.00. The plaintiff paid a total of N1,692,519.40 for the two vehicles with a bank draft. When the defendant failed to deliver the vehicles, the plaintiff commenced proceedings leading to this appeal.
Pleadings were ordered, filed and exchanged. In paragraph 12 of its amended statement of claim the plaintiff averred as follows:- Whereof the plaintiff claims against the defendant:-
The sum of one million six hundred and ninety two thousand, five hundred and nineteen Naira, forty kobo being the money originally paid to the …