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UNITED BANK FOR AFRICA LTD & ORS V. DIKE NWORA

(1978) JELR 45238 (SC)

Supreme Court  •  SC.4/1977  •  3 Nov 1978  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In proceedings commenced in the High Court of Lagos State, the plaintiff, now respondent, claimed from the defendants, now appellants, jointly and severally, the sum of 3.75 million naira (N3,750,000) being anticipated profits accruing from a contract to supply cement entered into between the plaintiff and certain companies in 1974, the breach of which the defendants jointly and severally induced thus causing the plaintiff damage.

The plaintiff also claimed against the defendants, jointly and severally, in the alternative, the same sum of 3.75 million naira as damages for negligence in handling the plaintiff's papers relating to the contract.

The plaintiff also claimed an account of all profits which accrued to the third defendant by reason of the induced breach of the contract aforesaid and payment over to the plaintiff of the amount so found.

The plaintiff filed in court and served on the defendants on 18th December, 1975…

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