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…