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G. CHITEX INDUSTRIES LTD. V. OCEANIC BANK INTERNATIONAL (NIG.) LTD.

(2005) JELR 45215 (SC)

Supreme Court  •  SC.192/2000  •  1 Jul 2005  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; DAHIRU MUSDAPHER JSC; GEORGE ADESHOLA OGUNTADE JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

MUSDAPHER, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of Anambra State of Nigeria, in the Onitsha Judicial Division and in suit No. O/234/93 the plaintiff as per paragraph 16 of the statement of claim claimed against the defendant as follows:-

"Whereof the plaintiff claims against the defendant as follows:-

(1) Damages for loss occasioned by depreciation of Naira

(N456,000.00 - N360,000.00)

... N66,000.00.

(2) Damages for the loss of credit facilities, goodwill, profits and future prospects estimated

at ... N3,500,000.00

Total: N3,566,000.00."

At the hearing of the matter on the pleadings filed by the parties, two witnesses testified for the plaintiff while an officer of the defendant testified on its behalf. In this judgment delivered on the 5th day of March, 1998, the learned trial Judge held that the defendant was liable for breach of contract and awarded the damages recited above in toto. The defendant felt aggrieved and appealed to the Court of App…

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