The facts of the case are simple and straightforward. Both parties entered into an agreement whereby the Plaintiffs/Respondents were to supply to the Defendant/Appellant 50,000 metres of 50mm aluminium conductor cables at the rate of N13.50 per metre for a total price of N675,000 to enable the latter execute an electrification project at Alor the contract of which was awarded to him by the Anambra State Government. The case for the Plaintiffs/Respondents is that they supplied the quantity of goods as stipulated and even supplied more than what was agreed upon by delivering a total of 52,032.09 metres instead of the agreed quantity of 50,000 metres. The goods were delivered on behalf of the Plaintiffs/Respondents by an employee of 1st Plaintiff/Respondent by name Sunday Ugwu (P.W.2) who delivered the goods at Alor to Cyril Ikechukwu Attah said to be the site manager of the Defendant/Appellant. The Plaintiffs/Respondents mentioned that after the supplies, the Defendant/Appellant paid to them in two instalments, a total sum of N235,000 leaving a balance of N440,000 which he has refused to settle despite repeated demands, hence they instituted the action against him.

The Defendant/Appellant's case, on the other hand, was that the quantity of cables supplied to him was 17,407 metres of cables and that the sum of N235,000 he paid to the Plaintiffs/Respondents was the value of that quantity of cables. He denied vehemently being indebted to the Plaintiffs/Respondents.

The learned trial Judge, Ofomata J, in his judgment delivered on 15th June 1998 found in favour of the Plaintiffs/Respondents to whom he adjudged entitled to their claim. On appeal by the Defendant/Appellant to the Court of Appeal, Enugu Division, that Court in its unanimous decision delivered on 17th May, 2000 dismissed the appeal and affirmed the judgment of the trial High Court. This is a further appeal by the Defendant to the Supreme Court.