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THE GOVERNMENT OF KWARA STATE & ORS. V. RABELAT NIGERIA LIMITED

(2006) JELR 36632 (CA)

Court of Appeal  •  CA/IL/16/04  •  9 Jan 2006  •  Nigeria

Coram
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JCA; ABOYI JOHN IKONGBEH JCA; TIJJANI ABDULLAHI JCA;

Judgement

ABOYI JOHN IKONGBEH, J.C.A. (Delivering the Leading Judgment): Neither of the parties before the High Court of Kwara State, sitting at Ilorin, was quite happy with the judgment and orders of that Court given and made on 12/10/01. Consequently we have here been called upon to deal with an appeal and a cross-appeal. The appeal is by the defendants before the trial Court while the cross-appeal is by the plaintiff.

The appeal by the defendants is against the judgment of the Court finding them liable to the plaintiff in breach of contract and the orders by the court enjoining them to pay the plaintiff/respondent the sum of N3.9M being the equivalent of payment in lieu of three months' notice that the learned trial Judge adjudged that they should have given to the plaintiff for wrongfully terminating the contract between them. The cross-appeal is against the refusal by the Court to award further sums of N16,169,351.00, which the plaintiff claimed as expected profit had the defendants allowe…

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