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EMMANUEL NNEJI (CARRYING ON BUSINESS UNDER THE NAME & STYLE OF EMACO GROUP OF COMPANIES) V. ZAKHEM CON. (NIG.) LTD

(2006) JELR 53142 (SC)

Supreme Court  •  SC.89/2002  •  19 May 2006  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC (Presided) ALOYSIUS IYORGYER KATSINA-ALU JSC UMARU ATU KALGO JSC NIKI TOBI JSC GEORGE ADESOLA OGUNTADE JSC (Read the Lead Judgment)

Judgement

OGUNTADE JSC (Delivering the Lead Judgment): The appellant was the plaintiff at the Kaduna High Court, where he claimed against the defendant, damages for breach of contract, arising, from the sale and hire of gas cylinders to the defendant. The parties filed and exchanged pleadings after which the suit was heard by Umaru Adamu J. In his judgment on 9-2-2000, the trial Judge made his final awards in favour of the plaintiff in these terms:

“1. Defendant shall pay the plaintiff cost of hiring 63 gas cylinders from 1st Dec., 1993 to 28th February, 1994 the sum of ₦283,500.00 (two hundred and eighty three thousand, five hundred naira).

2. Transportation on 8 occasions to Suleja at ₦4,000.00 (four thousand naira) only per trip totalling ₦32,000 (thirty-two thousand naira) only.

3. Defendant shall pay cost of hiring at ₦50.00 (fifty naira) per cylinder per day from 28th February 1994 to 31st July, 1995.

4. Defendant shall pay cost of hiring at ₦50.00 (fifty naira) only per cylinder per day f…

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