ABOKI JCA (Delivering the Lead Judgment): There is an appeal against the decision of P. C. Obiorah J of the High Court ofAnambra State, sitting at Onitsha delivered on 30 June 2008.
The brief facts of the case are as follows: The respondent who was the plaintiff at the lower court is a businessman based in Hong Kong and the appellant who was the defendant before the lower court is a Nigeria businessman trading at Main Market, Onitsha. The respondent at the lower court claimed that the appellant was his erstwhile customer in textile fabrics business. The respondent claimed that the appellant went to Hong Kong in the course of their several business dealings and purchased certain quantity of textile fabrics valued at USD 126,761.85. The said transaction was said to have been recorded on invoice no. 11726 dated 4 February 2002. The respondent maintained that after several entreaties and at different occasion, the appellant made part payment of USD40,000 leaving a balance of USD 86,761.8…