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ROYAL CERAMICS LTD. V. F. STEPHENS SUPPLY COMPANY LTD.

(2003) JELR 57608 (CA)

Court of Appeal  •  CA/A/2/2001  •  10 Jun 2003  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE, JCA (Presided) IBRAHIM TANKO MUHAMMAD, JCA ALBERT GBADEBO ODUYEMI, JCA (Read the Lead Judgment)

Judgement

ODUYEMI, JCA (Delivering the Lead Judgment): The respondent, as plaintiff caused a writ of summons to be issued against the appellant as defendant in the Suleja Judicial Division of the Niger State High Court. The summons was endorsed with the claim:

“A declaration that the defendant’s oral termination or revocation of the contract in writing dated 3/9/96 vide Local Purchase Order No. D.5/093 for the supply of Talc Lumps valued N2.5 million by the plaintiff to the defendantis wrongful, improper and constitutes a breach of contract.”

By a further and further amended statement of claim the reliefs eventually claimed by the plaintiff in the lower court are: “Wherefore the plaintiff claims from the defendant the sum of N303,785,000.00:

PARTICULARS OF SPECIAL DAMAGE

Loss of anticipated profit

Cost of production of 1 metric ton N 1,000.00 Profit per ton N 1, 500.00

Profit on undelivered 757.575 tons at N1,500.00 per ton N1,130,363.00 (b) Additional delivery cost for reloading of Talc Lumps fr…

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