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G. CHITEX IND. LTD
V.
G. CHITEX INDUSTRIES LTD.
V.
OCEANIC BANK INTERNATIONAL (NIGERIA) LTD.

(2005) JELR 45215 (SC)

Supreme Court 1 Jul 2005 Nigeria
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Case Details

Suit Number:SC.192/2000
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria GEORGE ADESHOLA OGUNTADE Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Counsel:Chikaopio Uzoigwe, Esq. - for the Appellant For Appellant C.J. Asiegbu, Esq. -for the Respondent For Respondent
Other Citations:G. Chitex Ind. Ltd. v. O.B.I. (Nig.) Ltd. (2005) 14 NWLR (Pt.945)392 (2005) 7 S.C (Pt II) 50 (2005) 7 S.C (Pt II) 50

MUSDAPHER, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of Anambra State of Nigeria, in the Onitsha Judicial Division and in suit No. O/234/93 the plaintiff as per paragraph 16 of the statement of claim claimed against the defendant as follows:-

"Whereof the plaintiff claims against the defendant as follows:-

(1) Damages for loss occasioned by depreciation of Naira

(N456,000.00 - N360,000.00)

... N66,000.00.

(2) Damages for the loss of credit facilities, goodwill, profits and future prospects estimated

at ... N3,500,000.00

Total: N3,566,000.00."

At the hearing of the matter on the pleadings filed by the parties, two witnesses testified for the plaintiff while an officer of the defendant testified on its behalf. In this judgment delivered on the 5th day of March, 1998, the learned trial Judge held that the defendant was liable for breach of contract and awarded the damages recited above in toto. The defendant felt aggrieved and appealed to the Court of App…

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