The respondent filed an action against the appellant at the High Court of Kano State seeking an immediate delivery of one Doutz 50 KVA generator and the sum of N8, 000 per day as rent from 9th September, 1994 to the date of delivery of the generator to the respondent or to the date of judgment.

The respondent’s case was that it bought some items of goods, including the Doutz 50 KVA generator from the appellant. The goods were valued and sold for the sum of N556, 500.00. The respondent then paid the total amount as agreed with the appellant. After the payment, all the items comprised in the sale except the 50 KVA generating set were delivered to the respondent. The appellant failed to release the generating set inspite of efforts made by the respondent to take possession of it.

The appellant denied the existence of any transaction whatsoever between it and the respondent. It in fact denied complete knowledge of the respondent.

After trial, the trial court in a reserved judgment granted the reliefs sought by the respondent. The appellant was dissatisfied and appealed to the Court of Appeal.