(2005) JELR 45215 (SC)    

Supreme Court  ·  SC.192/2000 ·  1 Jul 2005 ·  Nigeria
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
G. Chitex Ind. Ltd. v. O.B.I. (Nig.) Ltd. (2005) 14 NWLR (Pt. 945) 392
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
Core Terms Beta
breach of contract
court of appeal
general damages
loss of credit facilities
overseas suppliers
future prospects
trial court
exhibit h
learned trial judge
statement of claim
contract law
following issues
leading judgment
probative value of exhibit
rate of exchange
respect of the alleged loss of credit facilities
special circumstances
special damages
award of general damages
award of n3.5
background facts of the dispute
behalf of the plaintiff
breach of a fundamental term of contract
claim of the respondent
consideration of the issues
courts of law
evidence of pw1
evidence of the respondent
favour of the appellant
following grounds of appeal
fund transfer form exhibit
high court of justice of anambra state
learned justices of the court of appeal
notice of appeal
officer of the defendant
plaintiff claims
said contract law
set aside
such loss
sum of n390,000.00
united states dollar

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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