ABIRU JCA (Delivering the Leading Ruling): This appeal is against the judgment of the High Court of Kano State in Suit No. K/390/2010 delivered on 2 April 2013 by Honourable Justice Tani Yusuf Hassan. The respondent, as plaintiff, commenced the action in the lower court against the appellant, as defendant, and his claims were for:
i. An order of the court on the defendant to deliver the plaintiff’s goods to the plaintiff or to pay the plaintiff the monetary value of the goods and expenses totaling the sum of N1,568,000.00 (one million, five hundred and sixty-eight naira).
ii. N10,000,000. 00 (ten million naira) as general damages for breach of contract to deliver the plaintiff’s goods from Kano to Onitsha, Anambra State.
iii. Ten percent (10%) interest from the date of judgment till the liquidation thereof.
iv. Cost of this action.
The respondent is a businessman engaged in the purchase and sale of textile materials between Kano and Onitsha while the appellant is the manager of a transpor…