Facts:

The plaintiff/appellant is a fish merchant based in Warri. On 16/2/2002 he sold a quantity of frozen fish valued at 3828,500.00 to the respondent. The defendant/respondent paid for the fish with a Savannah Bank draft dated 15/2/2002 (Exhibit ‘A’) and later paid 31,450 cash as additional price of the fish. He was supplied with the fish which he carried to Nnewi where he sold it.

On the 18/2/2002 the appellant lodged the bank draft with UBA Plc which was returned unpaid on the grounds that Savannah Bank is no longer in the banking system.

The appellant through her solicitors wrote to the respondent informing them of the return of the draft and asking them to pay by other means. The respondent through their solicitors replied denying liability and insisting that they had paid for the fish. The plaintiff/appellant thereupon commenced action against the defendant/respondent seeking for the sale price of the supplied fish as well as interest on the price of the fish.