UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Federal High Court, Lagos Division, Coram Tsoho, J., delivered on 24th November 2014 in SUIT NO. FHC/L/20/2000: ESSENTIAL FOODS LTD v. PELAGIQUE AFRIQUE CHALUTIER CORP. LTD (PACHO) and ORS. The Appellant herein, which was the 3rd Defendant at the lower Court was dissatisfied with the judgment of the lower Court and appealed against the same.
In obeisance to the Rules of Court the Records of Appeal were compiled and transmitted and briefs of argument were filed and exchanged by the parties. The vexed judgment of the lower Court is at pages 109-133 of the Records. The Notice of Appeal which was filed on 26th November 2014 is at pages 136-139 of the Records. The Appellants Brief was filed on 18th October 2016 and Appellants Reply Brief was filed on 4th May 2017. The Respondents Brief was filed on 27th April 2017.
At the hearing of the appeal, Mrs. J. C. Anishere, leading counsel f…