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JERIC (NIG.) LTD. V. UNION BANK OF NIGERIA PLC

(2000) JELR 44061 (SC)

Supreme Court  •  SC.72/1998  •  15 Dec 2000  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; UMARU ATU KALGO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

KALGO, J.S.C. (Delivering the Leading Judgment): The appellant was the plaintiff at the trial High Court of Plateau State in Jos. He claimed against the respondent and one other party jointly and severally as per paragraph 17 of his amended statement of claim, the following reliefs:-

(a) N1,140,309.01 for loss of profit after tax 6/2/88 to 20/7/89;

(b) The sum of N2,005.93 being loss of profit every day from 21/7/89 until judgment and payment;

(c) Cost of imported machineries, its accessories concentrates/additives and freight charges 120,546 US Dollars. Both the concentrates and machineries have since expired and corroded and cannot be refurbished;

(d) General damages for breach of contract and/or agreement N5,000,000.00.

The respondent also counter-claimed against the appellant for the sum of N350,000.84 plus interest at the prevailing banking interest rate from the 26th of October, 1987 until the debt is completely liquidated.

Parties filed and exchanged pleadings. The trial comme…

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