FADEYIBI
V.
INDUSTRIAL HERITAGE (BEVERAGES) LTD

(2001) JELR 57701 (CA)    

Court of Appeal  ·  CA/L/450/99 ·  14 Jun 2001 ·  Nigeria
CORAM
SULEIMAN GALADIMA, JCA PIUS OLAYIWOLA ADEREMI, JCA
Core Terms Beta
1st defendant
statement of claim
defendants
plaintiffs
appellants
1st plaintiff
receiver
2nd defendant
cause of action
7th plaintiffs
1st plaintiff’s factory
respondents
second defendant
circumstances of this case
claim
claim of the plaintiffs
first defendant
criminal acts
loan agreement
old federal high court rules
seventh plaintiffs
1st defendants
1st plaintiff company
2nd week december
agent of the first plaintiff
alleged criminal act of the security staff
estimated value of the goods
federal highcourt
following issues
following properties
following reliefs
lead judgment
lower court
members a of the board of directors
plaintiffs’ factory
plaintiffs’ particulars
plaintiffs’ properties
power of legal mortgage
production activities
projected earning of the plaintiffs
properties of the 1st plaintiff
remaining story
services of the security staff
special damages
statement of claim of the plaintiff
statement of claim of the plaintiffs
suit no. fhc
sum of n28,877,000
trial judge
utmost good faith

OGUNTADE, JCA (Delivering the Lead Judgment): The respondents were the plaintiffs in suit No. FHC/L/CS/69/96 before the Federal HighCourt, Lagos where they claimed against the appellants as the defendants the following reliefs: “(i) Special damages in the sum of N28,877,000 (Twenty eight million eight hundred and seventy seven thousand Naira) being the estimated value of the goods/equipment lost/vandalised at the plaintiffs’ factory whilst the 1st defendant was receiver of same by virtue of his appointment by the defendants.

Damages for loss of earning or income in the sum of N42,452,000 (Forty-two million four hundred and fifty two thousand Naira) being the projected earning of the plaintiffs’ company for the production years 1996 and 1997. General damages in the sum of N5,000,000.00 (Five million naira).”

Later the plaintiffs filed their statement of claim. In reaction the defendants now appellants brought an application praying for the following: “1.(i) An order striking out this s…

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