The appellant as plaintiff sued the respondents as defendants jointly and/or severally at Oyo State High Court. Ibadan claiming as follows: "The sum of N3,296,528.08 (Three Million, Two Hundred and Ninety-six Thousand. Five Hundred and Twenty Eight Naira, Eight kobo) as particularized hereunder being damages suffered as a result of the 1st defendant's breach about March, 1988 of partnership agreement entered into in Ibadan between the plaintiff and the 1st defendant on 1st July, 1987, and which breach was masterminded, procured and instigated by the 2nd defendant as agent of the 1st defendant in fraud (sic) of the plaintiff."

In proof of his case, the appellant called four witnesses and testifying himself as the fifth witness. He tendered six exhibits that is, exhibits "P1-P6." On the other hand, the respondents in defence of the suit, called three witnesses. The 2nd respondent testified as the 4th witness. Three exhibits, D1-D3 were also tendered.

At the end of the trial the learned trial Judge entered judgment in favour of the appellant and against the respondents jointly and severally for:

The respondents being dissatisfied with this judgment, appealed against same to the Court of Appeal, Ibadan Division on eight grounds. The Court of Appeal in a unanimous decision set aside judgment of the trial court and dismissed the appellant's claims.

The appellant was not satisfied; he has come on further appeal to this court.