BETA GLASS PLC.
V.
EPACO HOLDINGS LTD

OMOLEYE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Delta State holden at Warri, delivered by T.C. Makwe J. on 30 April 2007. The brief background facts of this matter are that, the parties allegedly entered into an agreement for the procurement of beer mug mould for the manufacture of beer mugs. The respondent was entitled to twenty-five percent of the six million mugs that were to be produced and paid that samepercentage of the cost of the mould. Initially, the respondent was also to pay the sum of nine naira (N9.00) which was later reviewed to eighteen naira (N18.00) per mug. The appellant allegedly failed to supply the total number of mugs due to the respondent. Hence, the respondent instituted an action against the appellant at the lower court for breach of contract and claimed the sum of four hundred million naira (400,000,000.00) for loss of profit, general damages and loss of goodwill. Pleadings were exchanged by the partie…