ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the plaintiff/appellant against the judgment of Alogba J, sitting at the Lagos High Court Ikeja delivered on the 9th June, 2005.
The appellant was the claimant and defendant to the counterclaim at the lower court. While the Respondent was the defendant and counter-claimant. The appellant's case is that between 2nd June, 1998 and 18th December 1998 the appellant sold and delivered on credit to the respondent at the respondent's request various consignments of goods. As at 4th February, 1999 the respondent was indebted to the appellant in the sum of N1, 640, 000.00 being balance outstanding on the goods sold to the respondent. Appellant filed this case claiming for the amount outstanding, plus interest.
The respondent admitted the claim of the Appellant but counter-claimed from the appellant for unlawful seizure and detention of his vehicle used by him to transact his business. Respondent also counter-cl…