There was a meeting between the parties on, the 3rd day of March, 1992 in which Appellant discussed a business proposal aimed at facilitating the award of a computer contract to the Respondent by the Nigerian. Agricultural and Cooperative Bank at a commission of 5% on the contract sum to be paid by the Respondent. Exhibit B is evidence of the agreement in relation to the transaction. However,, exhibit B contains a terminal date of 31st December, 1992, which Appellant contends, both in pleadings and evidence, was not part of the oral, agreement reached by the parties on the 3rd March, 1992 meeting. Appellant testified to the fact that he subsequently took up the Respondent on the issue of terminal date as contained in exhibit B and was assured that the date was put in the letter in question for administrative convenience. However, the contract for which the agreed 5% commission was payable was not won before the terminal date it was won on 3rd April, 1993 which is more than three months after the said terminal date.

The Respondent filed a Statement of Defence but did not testify at the trial though it maintained that the contract between the parties is as contained in exhibit B which was terminated on 31st December, 1992 and consequently it was under no obligation to pay 5% commission to the Appellant.

At the conclusion of trial, the learned trial Judge found for the Appellant as a result of which the Respondent appealed to the Court of Appeal which set aside the judgment of the trial Court in its judgment of 16th December, 1999. The present appeal is against the judgment.