HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice Oyefeso sitting at the High Court of Lagos, Lagos Division, delivered on the 16th of March, 2006. The facts that led to this appeal are as follows:
The Claimant's, now the Appellant's case at the trial court was that it had entered into a contract of sale of insulation tapes with the Defendant, now the Respondent. The tapes were bought by sample by the Appellant from the Respondent and when the goods were delivered, they did not conform with the sample. The parties then agreed in writing to explore the commercial possibilities of the product and that if the exercise failed, the Appellant would recover its money from the Respondent and return the tapes to them. However, when the exercise failed, the Respondent refused to refund the Appellant's money. The Appellant then instituted an action at the trial court against the Respondent.
Issues were joined. The Respond…