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B. F. I. GROUP V. BUREAU OF PUBLIC ENTERPRISES

(2007) JELR 33143 (CA)

Court of Appeal  •  CA/A/261/2005  •  5 Apr 2007  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; MARY U. PETER-ODILI JCA; CHIDI NWAOMA UWA JCA;

Judgement

MARY U. PETER-ODILI, JCA (Delivering the Leading Judgment): This is an appeal against the decision of Honourable Justice S.J. Adah sitting at the Federal High Court, Abuja delivered on the 23rd day of November, 2005 wherein he dismissed the Plaintiff/Appellant's claims.

The Appellant before the Court of Appeal was the Plaintiff in the lower court before which in its writ of summons and Amended Statement of claim, it claimed against the defendant now Respondent the following declaratory reliefs:-

(a) An Order of declaration that the acceptance of the Plaintiffs bid price of the sum of US $410 million for the acquisition of 77.5% shares as core investor in ALSCON by the defendant at the bid/auction sale of ALSCON sale held on 14/6/2004 constituted a binding contract between the parties.

(b) A declaration that the bid by the plaintiff for the purchase of ALSCON 77.5% share holding of the Federal Government of Nigeria under the supervision and control of the defendant by which the Plaint…

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