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PRINCE ADEMUYIWA ADEDEJI & ANOR V. CFAO NIGERIA PLC

(2014) JELR 40218 (CA)

Court of Appeal  •  CA/L/438/09  •  25 Feb 2014  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; RITA NOSAKHARE PEMU JCA; CHINWE EUGENIA IYIZOBA JCA;

Appearances
Rotimi Sarki with O. Ilori For Appellant Adesola Adewole with E. Nwankwo For Respondent

Judgement

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State, delivered by Hon. Justice A. A. Oyebanji (Mrs), on the 6th of March, 2009. The Respondent's (Claimant at the trial court) claim as endorsed on the writ of summons and statement of claim against the Appellants (Defendants) at the trial court (High Court of Lagos State) is for:

i. The sum of N52,690,348.13 being the sum paid as commission by the claimant to the 1st and 2nd Defendants based on fake and nonexistent withholding tax receipts delivered to the Claimant by the 1st and 2nd Defendants in breach of the contract existing between the parties.

OR IN THE ALTERNATIVE

ii. The sum of N52,690,949.13 being special damages for breach of contract entered into between the Claimant and the 1st and 2nd Defendants.

iii. Interest on the said sum of N52,690,348.13 at the rate of 21% per annum commencing from 31st of March, 2003 till judgment and thereafter at the rat…

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