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G.K.F. INVESTMENT NIGERIA LIMITED V. NIGERIA TELECOMMUNICATIONS PLC

(2005) JELR 55157 (CA)

Court of Appeal  •  CA/391/2001  •  27 Apr 2005  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA (Presided) WALTER S. N. ONNOGHEN JCA MUSA DATTIJO MUHAMMAD JCA (Read the Lead Judgment)

Judgement

MUHAMMAD JCA (Delivering the Lead Judgment): The appellant as plaintiff took out a writ against the respondent as defendant in suit No. LD/3942/92 at the Lagos State High Court on 16th December, 1996. By its amended statement of claim, the appellant’s claim against the respondent is for the sum of thirty million naira (N30,000,000) being special, exemplary and general damages for breach of the contract between the two by the latter. Appellant also asked to be restituted for loss of income and/or profit put at five hundred thousand naira (N500,000.00) weekly, specific performance of the breached contract and interest on the adjudged sum at the rate of 21% per annum from the 5th December, 1996 till entry of judgment and at 6% until liquidation of the judgment sum.

Appellant’s case, from the pleadings and evidence led at the trial is that it had applied for and obtained from the respondent, telephone line No. 2530142. Appellant had paid the necessary pre-connection charges and subseq…

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