G.A.OGUNTADE, JSC (Delivering the Leading Judgment): The appellant was the plaintiff at the Kano High Court where it claimed against the respondent, as the defendant, for the following reliefs:
(a) An immediate delivery of one Doz. 50KVA generator which is the most
important item purchased by the plaintiff from the defendant.
(b) Receipt of payment to the defendant by the plaintiff the sum of N556,500.00
plus the documents of purchase of the two (2) generators and other goods purchased
by the plaintiff from the defendant
(c) The sum of N8,000.00 per day as rent due and payable to the
plaintiff by the defendant from 9th September, 1994 to the date of
delivery of the generator to the plaintiff or judgment in this suit."
The plaintiff filed an amended statement of claim dated 4th November, 1996. The defendant had filed a statement of defense dated 28th November, 1994. The case was heard by Ubbaonu, J. At the hearing, the plaintiff called four witnesses in support of its case. The de…