The respondent, a limited liability Company, having its registered office at No.5, Creek Road, Apapa, Lagos carries on the business of shipping, warehousing, clearing and forwarding in various parts of Nigeria and the world at large. The appellant, a business man has his office at No.131, Warri/Sapele Road, Warri, Delta State and carries on business, among others, including transportation of goods and materials. On 1st July, 1981, the appellant and the respondent entered into a written agreement by virtue of which the respondent engaged the services of the appellant for the transportation of the respondent's' goods from Warri, to any designated destination in the relevant waybill. The respondent breached the said agreement by failing to deliver iron rods and bags of cement to Fougerolle (Nig.) Limited at Ajaokuta as agreed. As a result of the breach, the respondent suffered loss an income in its business. As a result, the respondent commenced suit, culminating in this appeal. Pleadings were ordered, filed, subsequently amended and duly exchanged.

The appellant in his amended statement of defence joined issues within the respondent and counter – claimed in his statement of defence.

The case went to trial and The learned trial Judge, found for the respondent and awarded the respondent the sum of N189,000.00 against the appellant and dismissed the appellant's counter-claim in his judgement delivered on 27/1/95. Dissatisfied with this judgement, the appellant filed his notice of appeal.