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EMMANUEL OLAMIDE LARMIE V. DATA PROCESSING MAINTENANCE & SERVICES LTD.

(2005) JELR 47907 (SC)

Supreme Court  •  SC.157/2001  •  16 Dec 2005  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; NIKI TOBI JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC;

Appearances
Oluseye Opasanya, Esq. For Appellant F. R. A. Williams Jnr. (with him, M. Sallau, Esq.) For Respondent

Judgement

W.S.N. ONNOGHEN JSC (DELIVERING THE LEADING JUDGMENT): The appellant instituted an action against the respondent in the High Court of Lagos State claiming the following reliefs in paragraph 27 of the statement of claim:

"27. In view of the defendant's aforesaid breaches more particularly set out in paragraph 25 above, the plaintiff claim as against the defendant the following reliefs and remedies:-

(i) A declaration that the plaintiff is entitled as against the defendant to specific performance of defendants obligations and undertaking under an agreement evidenced by defendant's letter of appointment to plaintiff dated 5th March, 1992 and all other verbal assurances, promises and commitments made by defendant's officials to the plaintiff to obtain his assistance in securing the Nigerian Agricultural and Co-operative Bank's Computer Sales Contract award in defendant's favour.

(ii) A declaration that the plaintiff is entitled to the remuneration of 5% of the total computer contract price s…

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