AIKABELI
V.
AFRICAN PETROLEUM PLC

AUGIE, JCA (Delivering the Lead Judgment): This is an appeal against the decision of Omage, J. (as he then was) in his judgment delivered on the 31st of March 1995, dismissing all the claims of the plaintiff (appellant herein) against the defendant (respondent herein) with N300 costs to the latter. The dispute in this case centers on a dealership agreement, admitted in evidence as exhibit BA 3, wherein it was agreed that the appellant as licensee, sells or markets the respondent’s petroleum products. In his pleadings and evidence as PW1, the appellant stated that he trusted his junior brother Sunday Aikabeli whom he made head of his supporting staff and to whom he verbally delegated some of his powers of control and management of the respondent’s New Lagos Road Service Station, but that the said brother converted the products of the respondent in the service station to his own use, to the tune of N253,776.06 which the appellant considered a trade loss. He said he explained to the sa…