Facts:

The Respondent as Claimant in the High Court of Lagos State (lower court) by a Writ of Summon and Statement of Claim, sought against the Appellant, as Defendant in the lower court for relief of the sum of ₦95,292,343.40 (Ninety-Five Million, Two Hundred and Ninety-Two Thousand, Three Hundred and Forty -Three Naira and Forty Kobo) being the outstanding sum owed to the Respondent, by the Appellant, as well as other relief. The Appellant, while admitting that there was an oral contract between it and the Respondent for the logistics service of transportation of equipment to its cement factory at Okpella, Edo State, denied being indebted to the Respondent in the sum claimed or any sum at all. At the conclusion of trial, the lower court entered judgment in favour of the Respondent.

Dissatisfied by the decision of the lower court, the Appellants appealed to the Court of Appeal.