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MONIER CONST. COMPANY (NIG) LIMITED V. EMMANUEL LUM ENZE & ORS.

(2007) JELR 53330 (CA)

Court of Appeal  •  CA/C/120/04  •  12 Jul 2007  •  Nigeria

Coram
VICTOR.A.O. OMAGE JCA ( Presided and Read the Lead Judgment) NWALI SYLVESTER NGWUTA JCA MOJEED A. OWOADE JCA

Judgement

OMAGE JCA (Delivering the Lead Judgment): In this appeal, the defendant/appellant sought a reversal of the decision of Justice M. Edem, who sat in the High Court, Cross River State at Calabar and delivered the judgment on 11 August 2003. The judgment was the award of 3,500,000

(three million, five hundred thousand naira) as special damages, cost of research, analysis, survey and trespass upon the engagement of the plaintiffs by the defendant. Here are the facts. The respondents in this court who were the plaintiffs in the court below has had some business transactions with the defendant before. In the course of this, the plaintiffs got to know that the defendant had in hand a project to blast and construct a water intake well at Okom Ita. The plaintiffs offered to do it. A staff of the 1st defendant, a Mr. Schattler, who was the site manager, asked the plaintiffs to present the profile of its company. The plaintiffs did. This was admitted in evidence as exhibit A. In consonance with …

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