By a Writ of summons taken out in the Lagos State High Court, Ikeja Judicial Divisions, the plaintiff claimed against the defendant as follows:-

"The sum of N33,886.56 (Thirty Three Thousand, Eight Hundred and Eighty Six Naira, Fifty Six Kobo) being general & special damages for breach of contract of sale.

N33.886.56

Alternatively, the plaintiff claims the aforesaid sum of money as damages against the defendants for negligent misrepresentation of the date of delivery."

The plaintiff's claims were denied by the defendant. Pleadings were ordered, amended, exchanged and filed and issues joined.

At the end of the trial, the learned trial judge I.O. Agoro, J, found that the contract was frustrated by the subsequent and intervening events and so dismissed the plaintiff's claims.

The plaintiff appealed to the Court of Appeal, Lagos Division against the trial court's decision. The Court of Appeal also, after hearing arguments for and against the appeal, dismissed it and affirmed the judgment of the trial court. The plaintiff has now further appealed to this Court.