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IBIYEYE, JCA (Delivering the Lead Judgment): This appeal is sequel to the proceedings initiated in the High Court of Justice, Effurun in Delta State in suit No. W/316/88 by the plaintiff, now respondent, against the defendant, now appellant, by a writ of summons dated 11th of November (1988), wherein the former claimed from the latter the sum of N1,000,000.00 (one million naira) as special and general damages for breach of contract.
After pleadings had been filed, amended several times and exchanged by parties, the action proceeded to trial. The plaintiff testified and called two witnesses. The defendant on its part called three witnesses. Thereafter the learned counsel for both parties addressed the trial court. In a reserved judgment delivered on the 12th day of June, 1995, the learned trial Judge, R.I.P. Bozimo, J. held that there was breach of contract by the defendant and awarded the plaintiff the sum of N63,413.60k and N200,000.00 as special and general damages respectively as …