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DATA PROCESSING MAINTENANCE & SERVICES LTD.

(2005) JELR 47907 (SC)

Supreme Court 16 Dec 2005 Nigeria
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- The appellant filed a lawsuit against the respondent in the High Court of Lagos State, claiming various reliefs and remedies. - The main issue in the case was whether there was a valid contract between the parties and whether the appellan

Case Details

Suit Number:SC.157/2001
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
Counsel:Oluseye Opasanya, Esq. For Appellant F. R. A. Williams Jnr. (with him, M. Sallau, Esq.) For Respondent

W.S.N. ONNOGHEN JSC (DELIVERING THE LEADING JUDGMENT): The appellant instituted an action against the respondent in the High Court of Lagos State claiming the following reliefs in paragraph 27 of the statement of claim:

"27. In view of the defendant's aforesaid breaches more particularly set out in paragraph 25 above, the plaintiff claim as against the defendant the following reliefs and remedies:-

(i) A declaration that the plaintiff is entitled as against the defendant to specific performance of defendants obligations and undertaking under an agreement evidenced by defendant's letter of appointment to plaintiff dated 5th March, 1992 and all other verbal assurances, promises and commitments made by defendant's officials to the plaintiff to obtain his assistance in securing the Nigerian Agricultural and Co-operative Bank's Computer Sales Contract award in defendant's favour.

(ii) A declaration that the plaintiff is entitled to the remuneration of 5% of the total computer contract price s…

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