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FAWEHINMI CONSTRUCTION COMPANY LTD.
V.
OAU

(1998) JELR 45668 (SC)

Supreme Court 15 May 1998 Nigeria
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- The appellant sued the respondent university for damages arising from breach of contract and wrongful detention of its equipment, seeking additional reliefs; the university objected, citing non-compliance with section 46(1) of the Univers

Case Details

Suit Number:SC.224/1991
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:Appellant absent and unrepresented. For Appellant Respondent absent and unrepresented. For Respondent
Other Citations:Fawehinmi Cons. Co. Ltd v. O.A.U (1998) 6 NWLR (Pt.553)171 (1998) 5 S.C 43

BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant took out a writ claiming damages for breach of contract it entered into with the respondent, damages for wrongful detention of its plants, machineries and equipment by the respondent and an order for the plaintiff to be paid "such other sums of money as the court may find to have been lost"..............as a result of continued detention of the plaintiffs plants, equipment and machinery. Also prayed for, is the order to the defendant to release to the plaintiff the plants, machineries and equipment detained by it on the site where the execution of the contract between them was being carried out. On the day the appellant as plaintiff filed its writ it also filed a motion for order of mandatory injunction to compel the respondent as defendant to release the appellant's plant, machinery etc. aforementioned and 3rd day of June, 1987 was fixed for hearing the motion. The respondent got served with the writ and motion and on 2…

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