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STAG ENGINEERING COMPANY LTD. v. SABALCO NIGERIA LTD & ANOR

(2008) JELR 43248 (CA)

Court of Appeal  •  CA/A/33/2006  •  10 Jul 2008  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; ABDU ABOKI JCA; AYOBODE O. LOKULO-SODIPE JCA;

Judgement

HON. JUSTICE UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Kogi State sitting at Lokoja in suit No: HCL/40/94 delivered on the 28th day of July, 2005.

The Respondents as plaintiffs instituted this action against the Appellant as defendant, claiming inter alia as per paragraph 27 of their statement of claim as follows:-

WHEREOF the plaintiffs claim as follows:-

1. The sum of N3,000,000.00 being damages for breach of contract to supply brand new 500KVA Perkins/Rolls - Royce Generating Set.

2. A declaration that the Defendant breached the agreement reached between the plaintiffs and the Defendant sometimes in September, 1993 to supply brand new Perkins/Rolls Royce Model 500KVA.

3. A declaration that the Cummins 550 KVA refurbished generating set supplied by the defendant is at variance with the contract.

Whereof the plaintiffs claims from the Defendant the sum of N3, 000,000.00 as damages for breach of contract…

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