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DIRECT ON PC LTD v. SOF TECH LTD

(2021) JELR 109365 (CA)

Court of Appeal  •  CA/L/762/2010  •  8 Mar 2021  •  Nigeria

Coram
Ita George Mbaba, JCA Ridwan Maiwada Abdullahi, JCA Abubakar Muazu Lamido, JCA

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant filed this Appeal, as per the Amended Notice of Appeal of 17/2/11, filed with leave of this Court, against the judgment of the Lagos High Court in Suit No. ID/1032/2005, delivered on 30th March, 2010, whereof the trial Court granted the reliefs sought, in part, by awarding the sum of N4 Million as general damages against the Defendant (now Appellant).

At the trial Court, the Plaintiff (now Respondent) had sought the following reliefs, as per the amended statement of claim, dated 22/6/2006:

“The sum of N56,515,209.49, as per the Writ of Summon in the following particulars:

a) Special damages N47,515,209.49

b) General damages N4,000,000.00

c) General damages for inducement/procurement of breach of contract N5,000,000.00

d) Cost.

Total =N56,515,000.00 (sic)

(See pages 163 — 171 of the Records of Appeal)

The Appellant (as Defendant) had filed Amended Statement of defence, wherein it Counter-claimed, as follows:

"The sum of N5 Mil…

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