MOHAMMED, JSC (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, Port-Harcourt Division, in which the lower court set aside the judgment of Aba High Court and dismissed the claim filed by the appellant. The appellant is Mr. Leonard Ezeafulukwe and he filed this action against John Holt Limited.
In the statement of claim the appellant averred that he entered into a contract agreement with John Holt Limited to purchase tinned geisha mackerel fish in tomato sauce. In the agreement, the appellant purchased 650 cartons of small size geisha and 160 cartons of large size geisha, all valued at ₦12,790.00. In his pleadings, the appellant further averred that on reaching Kumba, in the Republic of Cameroon, where he had his main store, he discovered that 577 cartons of the tinned fish which he purchased from the respondent were rotten and unmerchantable.
The appellant returned to Nigeria and requested for the return of the purchase money for the 577 ca…