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CAMEROON AIRLINES
V.
OTUTUIZU

(2011) JELR 48224 (SC)

Supreme Court 4 Feb 2011 Nigeria
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- The respondent sued the appellant in the Federal High Court, claiming damages for breach of contract in the amount of N5,000,000.00. - The trial court awarded the respondent N580,000.00 in damages, which was upheld by the Court of Appeal.

Case Details

Suit Number:SC.217/2004
Judges:WALTER SAMUEL NKANU ONNOGHEN JSC JOHN AFOLABI FABIYI JSC OLUFUNLOLA OYELOLA ADEKEYE JSC SULEIMAIN GALADIMA JSC BODE RHODES-VIVOUR JSC
Counsel:A. A. Agbabiaka, SAN (with him A. I. Ogbuabia) For the Appellant; Respondent not represented.

BODE RHODES-VIVOUR, J.S.C (Delivering the Leading Judgment): The Respondent as plaintiff sued the appellant, as defendant in the Federal High Court, Lagos Division, claiming in paragraph 15 of his statement of claim thus:

15. WHEREFORE the plaintiff claims the sum of N5, 000,000.00 (Five Million Naira) from the Defendant being general and special damages as follows:

(A) SPECIAL DAMAGES:

Particulars of special damages:

(i) Cost of ticket i.e. 923 US Dollars or its Naira equivalent N80.000.00

(ii) The sum of 20,000.00 US Dollars or its Naira equivalent, removed from the Defendant and unrefunded till date ...N1,800,000 00

(iii) Cost of sundry personal effect removed by the Defendant from Plaintiff N200, 000.00

(B) General Damages - N1.920.000 00

Total - N5, 000,000 00

The Plaintiff save evidence in support of his case and tendered three exhibits, viz Exhibits A and B, airline tickets issued by the Defendant. Exhibit C. receipt for foreign currency, $20,000 00

An employee of the defendant…

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