SAMUEL CHUKWUDUMEBI OSEJI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court Lagos Division delivered on 10-2-2000 by R.N. Ukeje CJ in Suit No. FHC/L/CS/469/85 wherein the plaintiff's claim was dismissed.
The appellant who was the plaintiff before the Federal High Court, Lagos (hereinafter referred to as the lower court) commenced an action claiming against the defendant (now Respondent) as per paragraph 17 of the Amended Statement of Claim dated 20-1-97 as follows:-
A DECLARATION that the Defendant is in breach of Contract having failed to remit the sum of $19,530 (Nineteen thousand, five hundred and thirty U.S. Dollars) to Messrs Linton Industry Company Limited, Hong Kong, being proceeds from 3 lots of C.K.D. Watch components parts despite approval and allocation of foreign exchange by The Central Bank of Nigeria vide CBN FORM M NUMBERS 008436, 008437 and payment of same in Local currency by the Plaintiff.
A DECLARATION that the …