Facts:

This is an appeal against the judgment of Okunega J., of the Auchi Division, of the Edo High Court. The judgment was delivered on the 30th day of June, 2000.

The respondent (the plaintiff at the court below) is a limited liability company. It carries on the business of buying and selling cocoa beans, palm kernel and cashew nuts etc. It has been in the business of buying and selling of agricultural produce since 1972.

The appellant (the defendant at the court below), on the other hand, is a commercial bank. It carries on banking business. It has been the respondent’s banker since the respondent commenced the business of buying and selling agricultural produce. The respondent maintained account No. 709 with the appellant.

The respondent contended that the appellant recommended it for the business of trading in agricultural produce for export and it commenced the business in the 1989/90 season. During that period, the respondent shipped agricultural produce to overseas customers through the appellant utilizing warehouses located in Lagos.