Facts:

The defendant/appellant, Nigerian Agricultural and Co-operative Bank Ltd (NACB) granted a loan to Salem Farms the plaintiff/respondent in the sum of N1,161,818.00k (One million, one hundred and sixty one thousand, eight hundred and eighteen naira) for agricultural purpose. The respondent utilized some of the loan to purchase cows which later contacted ‘mad cow disease’ and died. The respondent thus repaid the loan and sought to repudiate the contract on the basis of Force Majuere. The appellant on the other hand sought to recover an outstanding interest from the respondent. The respondent filed an action in the lower court. The trial court found in favour of the respondent. The learned trial Judge held that; “since the cow disease that destroyed the project of the plaintiff is an epidemic caused by nature, I am convinced that it is an act of God for which the plaintiff cannot be blamed. I hold that the outbreak of CBPP which destroyed cattle of the plaintiff was unexpected and was therefore a force majeure which frustrated the contracts. I hold that the plaintiff is no longer liable to the defendant in any way”. The appellant dissatisfied with the judgment has appealed to the Court of Appeal.