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HYACINTH C. ORJI v. EZEANI ADOLPHUS I. ANYASO

(1999) JELR 43706 (CA)

Court of Appeal  •  CA/E/230/96  •  16 Nov 1999  •  Nigeria

Coram
NIKI TOBI JCA; SULE AREMU OLAGUNJU JCA; JOHN AFOLABI FABIYI JCA;

Judgement

OLAGUNJU, JCA (Delivering the Leading Judgment): As adumbrated in the statement of claim the plaintiff who is the respondent in this appeal claimed from the defendant who is the appellant the sum of 3,341,566 as special damages and 6,000.00 as general damages for breach of contract in an action filed in Nnewi Judicial Division of the Anambra State High Court:-

As the contract from the breach of which the claims arose is for simple sale of a piece of equipment but complicated by its desultory mode of execution it will make for an easy understanding of the issues canvassed to give a resume of the material facts. The appellant offered to sell to the respondent one 250 tons Hydraulic Press Machine No. HYDSF 520 ZU M-NR. 55065 combined with three sets each of three-piece fittings and accessories as a composite outfit. The contract was made by a Bill of Sale signed by the parties in which the equipment was described as 'fairly used' but in circumstances where it became contentious whethe…

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