Facts:

This Appeal is against the Judgment of the High Court of the Federal Capital Territory, Abuja presided over by Hon. JUSTICE ANGLELA O. OTALUKA delivered on the 5th day of July, 2018.

The appellant executed two main supply contracts for the supply of Tin ore, Tantalite and Columbite Ore with three Chinese companies. As a result of the failure to execute the contract on time, the contract was cancelled and penalty fees were deducted by the respondent from the appellant’s bank account. The appellant aggrieved by the said cancellation which was because the Letter of Credit was not confirmed by the respondent, instituted monetary claims by Writ of Summons against the respondent claiming various sums of money for unlawful deduction and breach of contract caused by the respondent.

The parties joined issues through their pleadings and trial was duly conducted. In a considered judgment, the Court dismissed the appellant’s claim.

Dissatisfied with the decision of the trial Court, the appellant appealed to the Court of Appeal.