This is an appeal against the judgment of Kaduna State High Court delivered on 22nd November, 1995 in Suit No. KDH/KAD/355/95. The respondent as plaintiff claimed against the defendant as follows:
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a
"An order that the defendant produce the 32, 426 litres of low pour fuel oil it was contracted to transport from Kaduna to Kano which it wrongfully converted to it’s own use.
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b
In the alternative, the defendant should pay the value and penalty on the said product as indicated by National Oil and Chemical Marketing Plc in their letter dated 14/10/94 to the plaintiff = N648, 520.00.
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2
Loss of earning as a result of the conduct of the defendant N80, 000.00 monthly from August, 1994 to March, 1995 = N640, 000.00.
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3
General damages for breach of contract and wrongful conversion = N50, 000.00. Total amount claimed N1, 338,520.00 (One million Three hundred and thirty eight thousand five hundred and twenty Naira).”
The defendant/appellant was absent throughout the proceedings. The case was finally heard on 22/11/95. The learned trial judge gave his judgment in favor of plaintiff /respondent as follow:
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1
The defendant was ordered to return 32,426 litres of low fuel product failing which he shall pay its monetary equivalent. Thus damages was dismissed.
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2
The claims for general damages was dismissed.
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3
A nominal sum of N15, 000.00 general damages was awarded in favor of the plaintiff.”
The defendant/appellant being dissatisfied with the judgment appealed.
