Ratio DecidendiRatio DecidendiRatio Decidendi



IBRO HOTELS LTD
V.
HOTEL SUPPORT SERVICES LTD

(2000) JELR 50915 (CA)    

Court of Appeal  ·  CA/A/67/97 ·  8 Mar 2000 ·  Nigeria
 · 
Other Citations
Ibro Hotels Ltd. v. Hotel Support Serv. Ltd. (2001) 8 NWLR (Pt. 714) 174
CORAM
DAHIRU MUSDAPHER, JCA (Presided) ZAINAB ALIYU BULKACHUWA, JCA ALBERT GBADEBO ODUYEMI, JCA (Read the Lead Judgment)

Ratio Decidendi

Core Terms Beta
respondent
learned trial judge
issues
lower court
lieu of notice
exhibit a
probationary period
loss of profit
termination of the contract
counter-claim
date of the alleged breach
grounds of appeal
high court of the federal capital territory
statement of claim
written notice
award of special damages
basic management fees
breach of exhibit
civil procedure
exhibit b
final payment
judgment debt
subject of the management agreement
year of its commencement
air fares money
alleged breach of contract
award of any interest
books of the hotel
breach of a management agreement
filedan additional ground of appeal
following discrepancies
full time officers
general damages
lead judgment
leave of this court
letter of termination of the agreement
lower court support
management agreement
manager ibro hotels limited
messrs hotel support services ltd.
mismanagement of the hotel
months basic pay
period of the hotel
point of time
said court
said sum
second instalment of the agreed fees
standard-form provisions
weight of evidence

ODUYEMI, JCA.: (Delivering the Lead Judgment) By his Statement of Claim filed in the High Court of The Federal Capital Territory, Abuja, the Plaintiff claimed from the Defendant the sum of ₦2,898,660:00K (Two Million, eight Hundred and Ninety-Eight Thousand, Six hundred and Sixty Naira), being the balance of special and general damages for breach of a Management Agreement between the Parties, dated 15th April, 1992 as follows:-

(i) Loss of Profit ... ₦323,660:00

Three months Basic Pay in lieu of Notice ... ₦75,000:00

Loss of Goodwill ... ₦2,500,000:00

₦2,898,660: 00

(b) interest on the said sum of ₦2,898,660:00 at the rate of 35% per annum with effect from 3rd April, 1993 until final payment or as may be ordered by the said Court. For its part, the Defendant made a Counter-claim for mismanagement of the Hotel, the subject of the Management Agreement, in the sum of ₦745,242.32 and an account for 333 folios and 58 sheets of receipt alleged missing from the books of the Hotel while the Man…

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