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HIGH PERFORMANCE DISTRIBUTION LTD. v. SAMSUNG ELECTRONICS COMPANY LTD & SAMSUNG ELECTRONICS WEST AFRICA

(2021) JELR 109367 (CA)

Court of Appeal  •  CA/L/261/2019  •  29 Jan 2021  •  Nigeria

Coram
Ita George Mbaba, JCA Ridwan Maiwada Abdullahi, JCA Abubakar Muazu Lamido, JCA

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant filed this Appeal on 17/12/2018, against the Judgment of Lagos High Court, in Suit No. LD/ADR/649/2013, delivered on 2nd October, 2018 by Hon. Justice W. Animahun, whereof the Learned trial Judge entered judgment for the claimant in respect of a part of the reliefs sought, namely, for return of the unsold Samsung supplied to the Claimant by the defendants and for the defendants to receive same from Claimant and pay for them in their current sales price to distributors/importers; and by way of consequential order, for the Chief Registrar of the Honourable Court to witness the exercise, and the returned products (and their prices) to be documented by the Registrar, or any appointed officer of the Court, to do so. Cost of N250,000.00 was awarded to the claimant.

At the trial Court, the claimant had sought the following reliefs from the defendants, jointly and severally:

(1) That the defendants should pay for the unsold s…

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