OGUNTADE, J.C.A.: (Delivering the Lead Judgment) The respondent was the plaintiff before the Ikeja High Court in suit No. ID/749/97 where it claimed from the appellant, the defendant, the sum of N5,108,210.30 being the value of the goods given to the appellant, a transporter, to convey for the respondent but which were not delivered at the agreed destination. The parties are hereinafter referred to as ‘plaintiff’ and ‘defendant’.
The case of the plaintiff against the defendant was simple and straight forward. The defendant, a transporter, applied to the plaintiff to be employed as a transport contractor. The defendant registered with the plaintiff six vehicles. The understanding between the parties was that the defendant would convey for the plaintiff, a manufacturer, the goods produced by the plaintiff to different locations to be nominated by the plaintiff. Paragraphs 6, 7, 8 and 9 of the Statement of Claim tell the rest of the story thus:
“6. In further pursuance of the appointment…