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DR. M. G. O. IWEKA V. S.C.O.A. NIGERIA LIMITED

(2001) JELR 55853 (CA)

Court of Appeal  •  CA/E/32/91  •  20 Dec 2001  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO, JCA (Presided) EUGENE CHUKWUEMEKA UBAEZONU, JCA SULE AREMU OLAGUNJU, JCA (Read the Lead Judgment)

Judgement

OLAGUNJU, JCA (Delivering the Lead Judgment): In a writ issued against the respondent on 1/8/86 at the Onitsha Judicial Division of the Anambra State High Court the appellant claimed specific performance of the contract between him and the respondent and the sum of N750,000 as damages ‘for breach of contract and/or detention of the... car’ the subject of the contract. In the transaction culminating in the action the parties entered into an agreement in May 1984 whereby the respondent through its Onitsha Branch agreed to supply the appellant with a Peugeot 504 GR air- conditioned Saloon Car within a month from the date of the agreement in consideration of the purchase price of N11,850 inclusive of N760 for comprehensive insurance of the vehicle. The Onitsha branch of the respondent could not supply to the appellant a vehicle of the agreed specification within the agreed time and up to middle of 1986. However, in June 1986 the branch proposed to the appellant the supply to him instead…

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