SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment: This appeal is against the judgment of the High Court of Edo State delivered by E.A. Edigin J. On the 25th day of September, 2012 wherein the plaintiffs (now Appellant) claim was granted in part while the defendants (now Respondent) counterclaim was dismissed.
In summary, the facts of the case as presented by the Appellant is that he is a produce buyer and in 1991 the Respondent appointed him a cocoa buying agent in Uhom-Ora, Edo State under certain terms and conditions as agreed to by the parties. This includes the defendant advancing money to him for the purchase of the cocoa during the cocoa season and which money is secured by the collateral wherein the Appellant handed over the particulars of his Mercedes Tipper Lorry, Mercedes Benz V. Boot Saloon Car and the C of O of his land to the Defendant. The Appellant is required to purchase and supply good grade cocoa beans to the Defendants ware house in Lagos. The gradi…