MR. BROWN BASSEY V. VITAMALT PLC

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Ogun State High Court, Agbara Judicial Division, delivered by A. A. Akinyemi, J on the 27th July, 2009 in Suit No. HCT/334/2005.

By a specially endorsed Writ of Summons and Statement of Claim dated and filed on the 12/10/2005, the Appellant who was the Plaintiff sought the following reliefs:

(i) N780,577.50 (Seven Hundred and Eighty Thousand, Five Hundred and Seventy-Seven Naira, Fifty Kobo) per month from November 2001 till the date of judgment being monthly loss of earnings.

(ii) Interest at 18% on N780,577.50 (Seven Hundred and Eighty Thousand, Five Hundred and Seventy-Seven Naira Fifty Kobo) monthly from November, 2011 till the date of judgment.

(iii) The immediate release of 750 (Seven hundred and Fifty) cartons of Vitamalt with the liquid contents, cartons and bottles inclusive.

OR

The payment of the money equivalent of 750 cartons of Vitamalt with the liquid contents (cartons a…