(2000) JELR 44061 (SC)    

Supreme Court  ·  SC.72/1998 ·  15 Dec 2000 ·  Nigeria
Other Citations
Jeric (Nig.)Ltd. v. U.B.N. plc (2000) 15 NWLR (Pt.691)447 (2000) 12 S.C (Pt II) 133
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
1st defendant
letter of credit
notice of appeal
learned counsel
statement of claim
leading judgment
learned trial judge
amended statement of claim
award of n2,581
date of the judgment
executive chairman
headquarters office
imported goods
prevailing banking interest rate
respective briefs
said judgment
variation of the original agreement
agreement n5,000,000.00
brief of the learned counsel
claim of the plaintiff
clear admission
court of appeal jos
documentary letter of credit
favour of the appellant
favour of the defendant
following issues
high court of plateau state
lagos head office
manager of the respondent
nigeria carries
opening of the l.c.
plaintiff s case
plateau state of nigeria
said amount
said manager
set of issues
sufficient time
sum of n2,005.93
time of the application
trial court

KALGO, J.S.C. (Delivering the Leading Judgment): The appellant was the plaintiff at the trial High Court of Plateau State in Jos. He claimed against the respondent and one other party jointly and severally as per paragraph 17 of his amended statement of claim, the following reliefs:-

(a) N1,140,309.01 for loss of profit after tax 6/2/88 to 20/7/89;

(b) The sum of N2,005.93 being loss of profit every day from 21/7/89 until judgment and payment;

(c) Cost of imported machineries, its accessories concentrates/additives and freight charges 120,546 US Dollars. Both the concentrates and machineries have since expired and corroded and cannot be refurbished;

(d) General damages for breach of contract and/or agreement N5,000,000.00.

The respondent also counter-claimed against the appellant for the sum of N350,000.84 plus interest at the prevailing banking interest rate from the 26th of October, 1987 until the debt is completely liquidated.

Parties filed and exchanged pleadings. The trial comme…

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