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JULIUS BERGER (NIG.) PLC.
V.
ANIZZEAL ENG. PROJECTS LTD

(2013) JELR 35884 (CA)

Court of Appeal 7 May 2013 Nigeria
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Case Details

Suit Number:CA/C/202/2010
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Counsel:Barry N. Kumbe, Esq., For Appellant Idongesit Jackson, Esq. For Respondent

ONYEKACHI A. OTISI, J.C.A.: (Delivering the Leading Judgment): This appeal is against the Ruling of the Akwa Ibom State High Court, sitting at Uyo, delivered on 15/11/2010. The Respondent as plaintiff had filed Suit No HU/468/2009 seeking the following reliefs:

(a) A declaration that the act of the Defendant in purportedly revoking the Local Purchase Order issued to the plaintiff during the continuation of the supply of the sharp sand ordered constitutes a breach of contract;

(b) The sum of seventeen million five hundred and fifty-eight thousand, eight hundred Naira (N17,558,800.00) being the special damages incurred by the Plaintiff in execution of the contract less the part payment made by the Defendant;

(c) Five hundred thousand (N500,000.00) being anticipated profit from the transactions breached by the Defendant;

(d) Fifty million Naira (N50,000,000.00) being general damages for breach of contract.

After commencement of the pre-trial proceedings in this matter, the Appellant as d…

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