(2018) JELR 38774 (CA)    

Court of Appeal  ·  CA/A/401/2015 ·  20 Mar 2018 ·  Nigeria
ABDU ABOKI Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
1st defendant
exhibit c4
1st respondent
2nd defendant
2nd respondent
3rd respondents
agreed commission
circumstances of this case
contractual obligations
findings of the trial court
following cases
ijumu local government area council
local government
lower court
outstanding commission
own private investigation of a document
terms of their agreement
briefs of arguments
case file
determination of this court
emmanuel akomaye agim
evidence of the claimant
exhibits c1-c6
following items
ijumu l.g.a.
issue of exhibit c4
judgment of the high court of justice kogi state
leading judgment
learned trial judge
lone issue
mobile advert clearance certificate stickers
practice of this court
proof of its case
relevant rules of court
said exhibit c4
signature of the 2nd defendant
story of the appellant
sufficient proof of his claims
supply of certain goods
terms of the contract agreement
unchallenged evidence of the appellants

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice Kogi State sitting in Iyara, delivered by F. Ajayi J.

The Appellant herein, as Claimant at the Trial Court, claimed against the 1st and 3rd Respondents for "special damages limited to N15,000,000 being the outstanding commission due to the Claimant for goods supplied and work done for the 1st Defendant at her request."

The story of the Appellant, as can be gleaned from the Record is that sometime in February 2010, the Appellant and the 1st Respondent executed a Memorandum of Understanding (MoU) under which the Appellant supplied the 1st Respondent the following items:

1. Ijumu L.G.A. mobile advert clearance certificate stickers;

2. State mobile advert certificate and stickers, and

3. National mobile advert clearance certificate and stickers, for the years 2010, 2011 and 2012.

For each of these years, a total of 3,000 certificates and stickers were supplied to the 1st Respon…

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