SULEIMAN GALADIMA, JSC (Delivering the Leading Judgment): This is an appeal against the Judgment of the Court of Appeal, Benin Division in Appeal CA/B/162/99 delivered on the 10th day of June, 2004. The simple facts of this case, summed up from the available Records of this Court are as follows: The Appellant as plaintiff, in the trial High Court of Warri, Delta State in Suit No. W99/93, had claimed against the Respondent who was the Defendant, the sum of N2, 500,000.00 (Two Million, five hundred thousand Naira) being the agreed price of American Crane Spare Parts supplied by the Appellant to the Respondent.
The case was tried on pleadings filed and exchanged by the parties in their 10 paragraph statement of claim and 15 paragraph Amended Statement of Defence respectively. From the pleadings, the germane issue in the case at the trial was whether there was a valid contract of sale of the goods delivered to the Respondent herein.
Appellant testified in the case and called no witness. …