The appellant involved in sugar production and distribution contracted with
the respondent for provision of cleaning chemicals for parts of the
appellant’s machinery. The appellant paid upfront half fee and the
respondent sent the chemicals and the specialist who returned back after
finding that the operations at the factory were ongoing and the cleaning
would not be immediately done. The appellant carried out the cleaning
without the expert which caused damage to the machinery. The appellant
brought a suit for recovery of money paid, damages, interest and costs of
the suit. The trial learned trial judge dismissed the suit and gave
judgment in favor of the respondent on the counter-claim. The
appellant appealed to the Court of Appeal which dismissed the
appeal and upheld the decision of the trial judge hence this appeal.