JAMES
V.
MID-MOTORS NIGERIA COMPANY LTD.
·
A. N. ANIAGOLU, J.S.C. (Delivering the Leading Judgment): The plaintiff (hereinafter called "the appellant") has appealed from the judgment of the High Court of the Benin Judicial Division holden at Benin dismissing his claim for 15,000 pounds for fraudulent misrepresentation, against the defendants (hereinafter referred to as "the respondents"), a claim instituted by him in 1971 in the Benin High Court of the then Mid-Western State of Nigeria. While the appellant has contended, upon the grounds of appeal filed, that having regard to the evidence adduced on either side before the trial court the learned trial Judge was wrong in dismissing his case, the respondents have urged on us to affirm the judgment and dismiss the appellant's case but upon grounds other than those relied on by the court, their contention being that the appellant had failed to prove his case in accordance with his pleadings and deserved to have his case dismissed at the close of his case; that the learned trial Ju…