JENOC NIGERIA LIMITED V. NIGERIAN BOTTLING COMPANY PLC.

MANGAJI, JCA (Delivering the Lead Judgment): This is an appeal from the judgment of Kuyatsemi J., sitting in the High Court of Borno State in suit No. M/152/96 wherein on 9/10/96, he found in the suit the appellant filed as a plaintiff against the respondent as defendant that the former had failed to prove its case. He therefore made orders in the following terms:- “1. Apart from the sum of N128,212.50 earlier entered for the plaintiffs in a separate decision of the court on 17/7/96, thereis no breach of contract and no damages therefrom are awardable and awarded.

To this extent, the claim is dismissed.

The gross sum of N128,212.50 being the contract price is all- embracing to and did cover all the plaintiff’s interests such that in the event of any breach it metamorphosise as the only damages arising therefrom.

Alternatively, assuming there is any breach of contract and damages are awardable, the plaintiffs are entitled to only the contract price as damages or additionally to only nom…