Facts:

The appellant, Adetoun Oladeji (Nig) Limited was for many years a major distributor of Nigerian Breweries Plc’s products and both maintained a smooth business relationship governed by a written agreement wherein the parties agreed that either of them could terminate the contract by giving the other one month’s notice.

The dispute that led to a breakdown of the cordial relationship between them arose when the appellant discovered that some payments made to the respondent were not reflected in the accounts presented by the respondent and the matter was referred to the police for investigation. The respondent immediately stopped further supplies of its products to the appellant which was said to be for the duration of the police investigations, but the stoppage continued after the police had concluded their investigations and the appellant instituted an action in the High Court where he claimed, inter alia, damages for breach of contract, refund of money deposited for respondent’s products which were yet to be supplied as at the time the respondent decided to stop further supplies of its products to it and cost of appellant’s empty bottles in possession of the respondent.