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BIMT VENTURES LIMITED V. LINPAK NIGERIA LIMITED

(2009) JELR 47667 (CA)

Court of Appeal  •  CA/L/299/07  •  8 May 2009  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; ADZIRA GANA MSHELIA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellant as claimant at the High Court of Lagos State claimed from the respondent as defendant as follows:

"(i) A declaration that the plaintiff's indebtedness to the defendant in respect of the Awolowo Market Development project in Olosa, Mushin, Lagos is not N20 million as now being falsely claimed by the defendant.

(ii) Perpetual injunction restraining the defendant either by itself or its servant, privies or agents or otherwise or in any manner howsoever from further obstruction or interruption or disruption or disturbance of the on-going construction works at the Awolowo Market, Olosa, Mushin, Lagos or doing anything that would be adverse to the interest of the plaintiff in respect thereto.

(iii) The sum of N8 million (eight million naira) as special and general damages suffered by the plaintiff as result of the defendant's conduct and actions."

The respondent counter-claimed as follows:

"(i) A declaration that …

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