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JONASON TRIANGLES LTD. & ANOR V. CHARLES MOH & PARTNERS LTD.

(2002) JELR 48726 (SC)

Supreme Court  •  SC.156/1999  •  4 Oct 2002  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

A. O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): The present respondent was the plaintiff in the High Court of the Cross River State holden at calabar wherein the respondent claimed jointly and severally against the appellants as the 1st and 2nd defendants respectively for the sum of N5,000,000.00 (five million naira) as special and general damages. The particulars of special damages were stated in paragraph 12(a), (b) and (c) of respondents' statement of claim which read thus:

"(a) The sum of N275,000.00 (two hundred and seventy-five thousand naira) given to the defendants by the plaintiff for a job not performed.

(b) The sum of NI80,000.00 (one hundred and eighty thousand naira) being the amount the plaintiff spent in hiring the pay loader for the contract.

(c) The sum of N550,000.00 being the expected profit that the plaintiff would have made if there was no breach on the side of the defendants. Total of the special damages is the sum of N1,005,000.00. General damages for …

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