Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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

(2007) JELR 44093 (SC)    

Supreme Court  ·  SC.91/2002 ·  26 Jan 2007 ·  Nigeria
 · 
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
CORAM
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

Ratio Decidendi

Core Terms Beta
court of appeal
counsel
appeal
respondent
trial court
award
learned trial judge
lower court
empty bottles
party
s.c
general damages
appellate court
favour of the appellant
statement of claim
evidence of pw6
exhibit b
breach of contract
covers grounds
issue no.2
law of bailment
leading judgment
nigerian courts
principles of law
ratio decidendi
case of the appellant
legal basis
above evidence of pw6
amount of damages
appellant's pleading
appraisal of evidence
award of general damages
case of breach of agreement simpliciter
conditions of the contract
court's decision
decision of the lower court
evidence of d.w.1
evidence of unpleaded facts
findings of fact
following cases
learned judge
occurrence of same event
portion of the judgment
quality of the unchallenged evidence
said judgment
said sum
set aside
stare decisis of the case
substitution of its own view
view of the quantity

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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