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AKINWUNMI O. ALADE V. ALIC (NIGERIA) LIMITED & LADIPO FALEMU

(2010) JELR 47571 (SC)

Supreme Court  •  SC.169/2001  •  3 Dec 2010  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC FRANCIS FEDODE TABAI JSC MUHAMMAD SAIFULLAH MUNTAKA-COMMASSIE JSC SULEIMAN GALADIMA JSC BODE RHODES-VIVOUR JSC

Judgement

SULEIMAN GALADIMA, J.S.C (Delivering the Leading Judgment): The Appellant as Plaintiff sued the Respondents as Defendants jointly and /or severally at Oyo State High Court, Ibadan claiming as follows:

"The sum of N3,296,528.08 (Three Million, two hundred and Ninety-six thousand five hundred and twenty eight Naira eight kobo) as particularized hereunder being damages suffered as a result of the 1st defendant's breach about March, 1988 of partnership agreement entered into in Ibadan between the Plaintiff and the 1st defendant on 1st July, 1987, and which breach was masterminded, procured and instigated by the 2nd defendant as agent of the 1st defendant in fraud (sic) of the plaintiff."

In proof of his case, the Appellant called four witnesses and testifying himself as the fifth witness. He tendered six exhibits that is, Exhibits "P1 - P6." On the other hand the Respondents, in defence of the suit, called three witnesses. The 2nd Respondent testified as the 4th witness Three Exhibits, D1…

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