JIMI OLUKAYODE BADA, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of the Federal Capital Territory Abuja in Suit No: FCT/HC/PET/155/09 delivered on the 1st day of March 2010.
The facts of this case as could be gleaned from the record of appeal are that the Appellant is a Nigerian downstream petroleum distribution company while the Respondent is a foreign company that sells automotive gas oil and other related petroleum products to companies and individuals in West Africa and elsewhere.
Sometime in 2007 and 2008, the Appellant entered into contract agreement with the Respondent by virtue of which the Respondent was required to supply an agreed quantity of automotive gas oil to the Appellant at a designated place offshore Cotonou.
It was alleged that the Respondent performed its own part of the contract but that the Appellant failed to take delivery of the products from the designated place within the agreed period as a result of which …