Facts:

The appellant Total Nigeria Plc, who was the defendant at the trial court, is an oil producing company. The respondent (plaintiff in the trial court), Chief Morkah is a dealer in petroleum products and had entered into a dealership agreement with the appellant. One of the provisions of the agreement between the parties was that payment for petroleum products supplied by the appellant was to be made into the appellant’s First Bank Agbor account on a daily basis. The respondent failed to make the payment on the 11th of December 1997 as agreed. He however claimed that he made payment the following day i.e. 12th December 1997. On 31st December 1997, the appellant issued a one month’s notice determining the dealership without giving reason.

Upon the termination, the appellant carried out an inspection of the cash situation and physical structures at the respondent’s petrol station. At the end of the inspection,