JULIUS BERGER (NIG.) PLC. V. ANIZZEAL ENG. PROJECTS LIMITED
(2013) JELR 35884 (CA)
Court of Appeal
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CA/C/202/2010
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7 May 2013
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Nigeria
Coram
MOHAMMED LAWAL GARBA JCA;
UZO NDUKWE-ANYANWU JCA;
ONYEKACHI A. OTISI JCA;
Appearances
Barry N. Kumbe, Esq., For Appellant
Idongesit Jackson, Esq. For Respondent
Judgement
<p>ONYEKACHI A. OTISI, J.C.A.: (Delivering the Leading Judgment): This appeal is against the Ruling of the Akwa Ibom State High Court, sitting at Uyo, delivered on 15/11/2010. The Respondent as plaintiff had filed Suit No HU/468/2009 seeking the following reliefs:</p><p> (a) A declaration that the act of the Defendant in purportedly revoking the Local Purchase Order issued to the plaintiff during the continuation of the supply of the sharp sand ordered constitutes a breach of contract;</p><p> (b) The sum of seventeen million five hundred and fifty-eight thousand, eight hundred Naira (N17,558,800.00) being the special damages incurred by the Plaintiff in execution of the contract less the part payment made by the Defendant;</p><p> (c) Five hundred thousand (N500,000.00) being anticipated profit from the transactions breached by the Defendant;</p><p> (d) Fifty million Naira (N50,000,000.00) being general damages for breach of contract.</p><p> After commencement of the pre-trial proceedings in this matter, the Appellant as dā¦</p>