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AGU
V.
GENERAL OIL LTD

(2015) JELR 39845 (SC)    

Supreme Court  ·  SC.62/2005 ·  24 Apr 2015 ·  Nigeria
 · 
Other Citations
Agu v. General Oil Ltd. (2015) 17 NWLR (Pt. 1488) 327
CORAM
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
general damages
breach of contract
special damages
appeal
trial court
contract
petrol station
double compensation
award
learned trial judge
court of appeal
lower court
instant case
learned counsel
sole issue
appellate court
breach of contract cases
first bank of nigeria plc
alteration of the award
consent of the appellant
decision of the court of appeal
loss of the petrol station
special damage
appeal of the respondent
awards of damages
judgment of the court of appeal
piece of land
respondent's breach
result of the mortgage
trial
wrong principles
above judgment
address of counsel
apparent violation of the said clause 4b
brief facts
clause 4b of the lease agreement
high court of delta state
judgment of the high court of delta state
lands registry office asaba
leading judgment
plaintiffs evidence
probable consequences of such breach
respect of the appellant
said breach
set aside
terms of the deed of sublease

JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal sitting in Benin delivered on 27th May, 2004 wherein the lower court allowed in part the appeal of the respondent herein against the judgment of the High Court of Delta State. A brief facts leading to this appeal will suffice.

The appellant herein subleased his piece of land situate along Effurum/Patani Expressway for a period of ten years subject to renewal to the respondent. Clause 4B of the lease agreement stipulated that the respondent shall not sublet, assign or part with possession of the property without the consent of the appellant. In apparent violation of the said clause 4B, the respondent mortgaged the property to First Bank of Nigeria Plc. As a result of the mortgage between the respondent and First Bank, the appellant was unable to rent, lease or use his landed property for two years. Consequently, the appellant brought an action at the High Court of …

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