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DELTA STATE AGRICULTURAL DEVELOPMENT PROGRAMME, IBUSA MINISTRY OF AGRICULTURE DELTA STATE THE ATTORNEY - GENERAL AND COMMISSIONER FOR JUSTICE DELTA STATE V. MR. MIKE ILOUKWU OFONYE

(2007) JELR 52911 (CA)

Court of Appeal  •  CA/B/229/2002  •  19 Feb 2007  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA (Presided) STANLEY SHENKO ALAGOA JCA (Read the Lead Judgment) UWANI MUSA ABBA AJI JCA

Judgement

ALAGOA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Odita J (as he then was) of the High Court of Justice, Asaba in Delta State of Nigeria which was delivered on 30th November 1998. The present respondent as plaintiff at the High Court below took out a writ of summons against the appellants as defendants jointly and severally claiming the sum of two million naira (N2,000,000.00 only) beingspecial and general damages for breach of contract entered into by the respondent and the 1st appellant.

The facts that have given rise to this claim as can be gleaned fromthe respondent’s (then plaintiffs) further amended statement of claim granted by Odita J. on 16th December 1997 are that in 1992, the respondent was employed by the 1st appellant as an outgrower to plant the seeds for the use of the farms that year. He had a bumper harvest as the 1st appellant supplied all the input. Owing to the huge success recorded by the respondent that year(1992), the 1st appe…

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