By his further amended statement of claim, the plaintiff claimed from the defendant as per its paragraph 13 as follows:-

According to the plaintiff, sometimes, early in 1983, by an agreement reached with the defendant, he (the plaintiff) undertook to sell a Mercedez Benz 280 SE car to the latter at N67,000.00, payment having been agreed to be completed within a month. Defendant having defaulted in paying the contract price after two demands, plaintiff instituted this action.

The defendant, on his part, testified that while he was in London his wife informed him that a Mercedez Benz 280 SE car was brought to his house through DW1, the plaintiff's driver, who also delivered the car keys, delivery documents and custom clearing papers along with the car. On his return to Nigeria and upon inquiry from the defendant was told by the plaintiff that the car was a gift, apparently for the favour he showed the plaintiff in assisting him to secure an appointment as chairman of National Shipping Lines. The defendant denied entering into any agreement for the purchase of any vehicle from the plaintiff nor was any demand made on him to pay the price of the car.

At the close of case of the parties, in a reserved judgment, the learned trial Judge after a close evaluation of evidence adduced at the trial held that the evidence produced by the defendant is more reliable than that of the plaintiff and further held that from the evidence placed before the court "it can be inferred that the gift of car is in appreciation of the assistance rendered to the plaintiff by the defendant". In consequence, the learned trial Judge dismissed the plaintiff's claim in its entirety.

This appeal by the plaintiff, now appellant, is against the dismissal of appellant's case.