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FELIX ONUORAH V. KADUNA REFINING & PETROCHEMICAL CO. LTD.

(2005) JELR 24358 (SC)

Supreme Court  •  SC.293/2000  •  11 Feb 2005  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; NIKI TOBI JSC; DENNIS ONYEJIFE EDOZIE JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

AKINTAN, JSC (Delivering the Leading Judgment): The appellant, as plaintiff, commenced this action at the Federal High Court, Kaduna as suit No. FRC/KD/CS/7/96 against the respondent, as defendant. His claim was for:

"(a) An order of court declaring the purported price increase/review of the 18 litres empty tins by the defendant from ₦25 to ₦40 with effect from 10/5/93 as not affecting the plaintiff who paid for his own empty tins much earlier than the commencement date of the price increase/review.

(b) An order of specific performance directing the defendant to issue/supply the plaintiff the remaining 17,012 pieces of the 18 litres empty tins not later than 30 days from the date of judgment.

(c) ₦1,000,000 general damages from the defendant to the plaintiff for the breach of the arrangement/agreement between him and the defendant."

The parties filed their respective pleadings and the trial took place before O. J. Okeke, J. The learned trial Judge delivered his reserved judgment on…

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