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GREIF (VAN LEER) CONTAINERS PLC V. ONSON PLASTICS & INDUSTRIES LTD

(2014) JELR 57702 (CA)

Court of Appeal  •  CA/L/916/2011  •  28 Nov 2014  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA (Presided) SAMUEL CHUKWUDUMEBI OSEJI JCA ABIMBOLA O. OBASEKI-ADEJUMO JCA (Read the Lead Judgment)

Judgement

OBASEKI-ADEJUMO JCA (Delivering the Lead Judgment): This

is an appeal against the judgment of S. O. Ishola J., of the High Court of Lagos State, delivered on 6 December 2010. The brief facts of the case is that the respondent claimed against the appellants for special and general damages for breach of contract to unearth the armoured cables for purchase between the parties. Respondent claimed that there was an oral contract between the Managing Director of the respondent and maintenance engineer of the appellant company for him to remove the underground armoured cables from the appellant’s two warehouses for purchase by the respondent. The learned trial judge delivered judgment in favour of the respondent and awarded special damages in the sum of N2,050,000.00 (two million, fifty thousand naira) and N5,000,000.00 (five million naira) as general damages. Whereof the appellant being dissatisfied with the judgment, filed a notice of appeal dated 10 December 2010 with four grounds of appea…

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