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JULIUS BERGER NIGERIA PLC v. JAMESHILL ASSOCIATE LIMITED

(2018) JELR 47059 (CA)

Court of Appeal  •  CA/C/47/2013  •  22 Mar 2018  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Respondent as Claimant at the trial Court claimed against the Appellant as Defendant seeking, inter alia, the sum of Seven Million, Six Hundred and Forty-one Thousand, Nine Hundred and Sixty Naira (N7,641,960.00) as damages for breach of purchase order contract (see pages 2-27 of the Record).

In a considered Ruling by J. I. Unwana, J, of the Uyo Division of the High Court of Akwa Ibom State delivered on the 28th January, 2013 in suit No. HU/84/2010, the learned trial Judge dismissed the Appellants Preliminary Objection against the jurisdiction of the Court to entertain the suit.

Dissatisfied with that Ruling, the Appellant filed a Notice of Appeal comprising three (3) Grounds on February 6th, 2013. On the 11th of November, 2016, the Appellant filed an amended Notice of Appeal incorporating an additional ground of Appeal making it a total of Four (4) Grounds of appeal.

Learned counsel for the Appellant, B. N. Kumbe, …

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