GEORGE OLADEINDE SHOREMI. J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court sitting in Warri Judicial Division Delta State of Nigeria where the learned trial Judge gave Judgment in favour of the plaintiff. The said Judgment was delivered on 13th May, 1997. It is on pages 33 - 43 of the Records of Proceedings.
The Respondent as Plaintiff claimed in the trial court as follows:-
(i) The said sum of N137.520.00 being the balance of money owed by the Defendant to the Plaintiff in respect of the spare parts supplied By the Plaintiff to the Defendant between the months of October, 1993 and January, 1994.
(ii) Interest at the prevailing bank rate from January, 1994 until judgment is given.
(iii) Other suitable reliefs"
The facts of the case are:
"The Appellant who at all times material to the filing of the Writ of Summons against it, was engaged in the business of marine transportation and had a contractual arrangement with the Respondent, a d…