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I.B.W.A. LTD (NOW AFRIBANK PLC) V. HOTEL METROPOLE INTERNATIONAL LTD & ANOR

(2010) JELR 33231 (CA)

Court of Appeal  •  CA/E/164/2003  •  2 Jun 2010  •  Nigeria

Coram
MOHAMMED L. TSAMIYA JCA; JTIMMAT HANNATU SANKEY JCA; AYOBODE O. LOKULO-SODIPE JCA;

Judgement

MOHAMMED. L. TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Enugu State High Court, delivered on 24/9/2003 in the consolidated suit Nos. E/348/88 and E/249/88 in which all the reliefs sought for, except relief No.5 were granted.

In the Enugu State High Court (herein referred to as "the trial Court") the plaintiffs, claimed against the defendant the following:

1. An order for the immediate release/surrender of the plaintiffs' documents of title held by the defendant as security, to the plaintiff.

2. N6,633,772.00 (Six million, Six hundred and thirty-three Thousand, Seven hundred and seventy-two Naira only) as special damages for breach of contract occasioned by the acts of the defendant against the plaintiffs, or

IN THE ALTERNATIVE,

N10,000,000.00 (Ten Million Naira) general damages as compensation for all the losses so inflicted on the plaintiffs by the acts of the defendant.

3. N56,329.46 (Fifty-six thousand, Three hundred and twenty-nineā€¦

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