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OANDO PLC v. FARMATIC BIOGAS WEST AFRICA LIMITED & ANOR

(2018) JELR 38486 (CA)

Court of Appeal  •  CA/L/148/2017  •  25 May 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the Federal High Court sitting in the Lagos Division, delivered by Tsoho J. on the 19th day of April, 2013 in Suit No:FHC/L/CS/443/2010 wherein the learned trial judge found in favour of the Respondents. The Respondents as applicants commenced fundamental rights proceedings against the Appellant and the Police, alleging breach of fundamental rights and claiming damages for the alleged breach. After hearing and determination of the application the Court below found the Appellant liable and the Respondents were awarded damages in the sum of N1,500,000.00 [One Million, Five Hundred Thousand naira) against the Appellant.

Just by way of summary of facts grounding this appeal. The relationship between the parties in this appeal commenced sometimes in 2016 when the Appellant Company entered into a Haulage Agreement with the Respondents for the transportation of the Appellant's petroleum products…

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