ABUBAKAR DATTI YAHAYA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of Justice A. N. Awulu of the High Court of.Justice Ankpa in Suit No. AHC/4/2013 wherein the claimant claimed against the defendant at the lower court the following:
The sum of N2,323,000.00 (Two Million Three Hundred and Twenty Three Thousand Naira) as all the money being had and received for a contract for the supply of a truck of DPK Petroleum Product to the plaintiff by the defendant which had failed.
The sum of N500,000 (Five Hundred Thousand Naira) as general damages.
An interest rate of 22% per annum on the principal sum with effect from 24/12/2011 until judgement is delivered and judgement sum recovered.
A brief summary of the facts are as follows:
The case of the plaintiff at the lower court now respondent is, that between 24th December, 2011 and 14th January, 2012, he advanced the sum of N2,012,000.00 (Two Million, Twelve thousand Naira) to the defendant now appellant, for th…