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NIGERIAN DYNAMIC LIMITED V. JOHN AGUOCHA

(2002) JELR 55684 (CA)

Court of Appeal  •  CA/J/22/2000 .  •  28 Jan 2002  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR, JCA (Presided) ISA ABUBAKAR MANGAJI, JCA IFEYINWA CECILIA NZEAKO, JCA (Read the Lead Judgment)

Judgement

NZEAKO, JCA(Delivering the Lead Judgment): On 18th of December, 1998, the High Court of Justice, Borno State, sitting in Maiduguri, presided over by Zannah J, gave judgment in a civil claim which came before him. It was in favour of the plaintiff.

The plaintiff’s claims were set out as follows:-

Specific performance against the defendant for those 3,216 METRES Lengths of various sizes of electric Armoured Cables which the defendant sold to the plaintiff at the price or consideration of N600,319 (Six hundred thousand, three hundred and Nineteen Naira only).

In the alternative, the plaintiff claims from the defendant the sum of N1,668,050 excavation and transportation of the said Electric Armoured Cables from the defendant (sic) premises at Musini. The plaintiff further claims the sum of N2m (Two Million Naira) special damages as expected profit which the plaintiff would have made from the sale of the Electric Armoured Cables. N2m (Two Million Naira) general damages for breach of contrac…

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