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FIRST BANK OF NIGERIA PLC. V. J. O. IMASUEN & SONS NIGERIA LIMITED

(2005) JELR 33552 (CA)

Court of Appeal  •  CA/B/149M/2004  •  14 Jul 2005  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; PATRICK IBE AMAIZU JCA; AMINA ADAMU AUGIE JCA;

Judgement

R. D. MUHAMMAD, JCA (Delivering the Lead Ruling): The respondent herein was the plaintiff at the Federal High Court, holden at Benin City, where he sued the applicant herein, who was the defendant at the lower court claiming as follows:

"(a)(i) Value of shipped 22.95 cubic metres furniture components black afara U.S.D. 8,606.25 or its Naira equivalent.

(ii) Value of unshipped 17.05 cubic metres furniture components black afara U.S.D. 6,393.75 or its Naira equivalent.

(iii) N20,000,000.00 being general damages for breach of contract in that the defendant failed to pay the value of the furniture, components shipped when all the relevant shipping documents were presented, and also for loss of international business by the embargo placed on the plaintiff's business by the Central Bank of Nigeria.

(b) Alternatively, the plaintiff claims from the defendant the sum of N20,000,000.00, being general damages for negligence on the Part of the defendant and/or its agent Badische Kommunale Landes…

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