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ADETOUN OLADEJI (NIG.) LTD
V.
NIGERIAN BREWERIES PLC

(2007) JELR 44093 (SC)

Supreme Court 26 Jan 2007 Nigeria
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- This case involves a dispute over the amount of damages awarded in a trial court. - The trial court awarded ₦25 million in damages, but the Court of Appeal reduced it to ₦833,333.00. - The appellant argues that the amount is too low and r

Case Details

Suit Number:SC.91/2002
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
Counsel:Kola Olawoye, Esq. For Appellant M. Ogunkoya, Esq. For Respondent
Other Citations:Adetoun Oladeji (Nig.) Ltd. v. N.B. Plc (2007) 5 NWLR (Pt.1027) 415 (2007) 1-2 S.C (Pt II) 183 (2007) 1-2 S.C (Pt II) 183

N. TOBI, JSC (Delivering the Leading Judgment): This appeal involves a fairly narrow area. It is the amount of damages awarded. At the trial Court, the learned Judge awarded the sum of ₦25 million. The Court of Appeal reduced the sum to ₦833,333.00. This appeal is against the damages awarded by the Court of Appeal. It is the case of the appellant that the amount is too low.

Briefs were filed and exchanged. The appellant formulated six issues for determination:

(i) Whether the damages due to the appellant in this case was only the profit it could have made for one month having regards to the terms and conditions of the contract in exhibit B (Covers ground 1).

(ii) Whether the lower court could in law rely on evidence of unpleaded facts by either the appellant or the respondent in this case to set aside the sum of ₦1,249,000.00 as awarded to the appellant by the trial court as special damages for wrongful seizure and detention of the appellant's empty bottles of assorted products? (C…

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