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MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): The plaintiff/respondent in paragraph 12 of the statement of claim dated 4th day of February, 1997 claimed against the defendant/appellant as follows: “WHEREOF the plaintiff claims from the defendant the total sum of two hundred and fifty-two thousand, three hundred and ten naira (N252,310.00k) being specific damages for the money the plaintiff gave out to the defendant for the supply of the fertiliser which the defendant failed or neglected to supply”.
The appellant filed his appellant which was later amended, consequently, the respondent filed a reply to the statement of defence. Pleadings having been closed, the case was set down for hearing. At the hearing, the plaintiff called two witnesses and also gave evidence in proof of his claims. PW1 is one Yakubu Musa who gave evidence that he was told by the respondent that he gave the sum of N252,310.00 on 2/5/96 to the appellant, to supply him fertiliser, and to the best of his …