AYOBODE OLUJIMI LOKULO-SODIPE, JCA (Delivering the Leading Judgment): This appeal is against the judgment delivered on 27/10/2003 by the Federal High Court, Benin Judicial Division (hereafter simply referred to as "the lower court") presided over by Hon. Justice N.I. Auta (now Chief Judge) (hereafter simply referred to as "the then learned trial Judge"). The lower court entered judgment in favour of the Respondent which was the Plaintiff before it.
The case was contested by the parties upon their respective pleadings. The last of the Respondent's pleading was its Further Amended Statement of Claim while the last of the Appellant's pleading was equally its Further Amended Statement of Defence.
The Respondent in its pleading disclosed that it had an agreement with Messrs. Tropenhelz Agentur for the supply of furniture components (specification and quantity duly set out) to the value of USD 15,000. That a confirmed and irrevocable Letter of Credit (hereafter simply referred to as "L/C") …