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TOBENNA UDEAGU v. BENUE CEMENT COMPANY PLC.

(2005) JELR 45191 (CA)

Court of Appeal  •  CA/J/187/99  •  7 Apr 2005  •  Nigeria

Coram
AMIRU SANUSI JCA; IFEYINWA CECILIA NZEAKO JCA; IKECHI FRANCIS OGBUAGU JCA;

Judgement

SANUSI, J.C.A. (Delivering the Leading Judgment): The appellant as plaintiff, filed a writ of summons against the defendant company as respondent herein, claiming the undermentioned reliefs as per his amended statement of claim and his amended writ of summons. The reliefs sought by the plaintiff/appellant against the defendant at the Benue State High Court, sitting in Otukpo (the lower court) are as follows:-

(i) Loss of profit per month at the rate of N117.60k per bag for 2400 bags for one month, that is, two hundred and eighty thousand, two hundred and forty naira (N280,240:00k).

(ii) Loss of profit to the plaintiff is ten million, one hundred and sixty thousand, six hundred and forty Naira (N10,160,640:00k) at the rate of N282,240:00k per month.

(iii) Particulars of loss suffered by plaintiff as special damages are as follow:-

(a) Rent paid for warehouse at the rate

of N3,000 per month for 36 months ... N108,000.00k

(b) Salaries of four staff at the rate

of N500.00k per month (…

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