CHWUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): In this matter the defendant as the appellant and the plaintiff as the cross-appellant have respectively filed their appeal and
cross-appeal against the ruling of 3/3/2000 delivered by Jinadu, J. of the Federal High Court, Lagos whereby the trial Judge admitted in evidence a copy of a Telex print-out (message) marked exhibit . "L" at the hearing of this matter. The main appeal filed by the defendant/appellant has since been dismissed leaving the cross-appeal filed by the plaintiff/cross-appellant.
The facts of the matter are simple and straight forward. The plaintiff's claim in the court below was for the sum of US $778,014.90 being the cost of the freight of a consignment of fish consigned to the defendant/appellant. After the inspection and exchange of documents to be used at the trial the plaintiff/cross-appellant served a notice to produce the originals of certain documents with the defendant/appellant. The PW.2, the plaintif…