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JOHN ANDY SONS & COMPANY LTD.
V.
NATIONAL CEREALS RESEARCH INSTITUTE

(1997) JELR 45467 (SC)

Supreme Court 21 Feb 1997 Nigeria
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Case Details

Suit Number:SC.161/1989
Judges:ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:Appellant unrepresented. For Appellant A.T. Sokan For Respondent
Other Citations:John Andy Sons & Co Ltd v. N.C.R.I (1997) 3 NWLR (Pt.491) 1

A. B. WALI, J.S.C. (Delivering the Leading Judgment): The plaintiff's claim against the defendant as contained in the Writ of Summons dated 24th October, 1981 and filed on 26th October, 1981 in the High Court of Justice, Cross River State, holden at Uyo is as follows:-

"N1,000,000 (One Million Naira) being special and general damages for breach by the defendant of a contract (for the construction of a laboratory block at Uyo in Cross River State) made between the plaintiff and the defendant in 1978."

The defendant denied the plaintiff's claim.

Pleadings were ordered, filed and exchanged. They were settled after several amendments, and in paragraphs 47 and 48 of the Further Amended Statement of claim, the plaintiff particularised his claim as follows:

PARTICULARS OF BREACH

(a) Deduction by the Defendant of the contract from that of a whole laboratory by a letter dated 1st February, 1978, thereby purportedly reducing the cost of the contract from N963,257.45 to N456,500.00.

(b) A furth…

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