GALADIMA JSC (Delivering the Lead Judgment): This is an appeal against the decision of the Court of Appeal Lagos Division, delivered on 18 July 2008. In setting aside the award of U$4,298,066 to the appellants, representing special damages for breach of contract, the court held that the documentary evidence or loss of profit was wrongly admitted not having been specifically pleaded and particularized...
The plaintiffs aver that they have at all times performed their responsibilities under the terms of the said agreement.
This state of affairs continued without any demur by the N.M.A. until suddenly without any reason adduced therefore, the plaintiffs sometime in December 1999 received a letter purportedly emanating from N.M.A. by which they were informed of the “suspension” of the “Vetting/Inspection Services” - apparently referring to the Inspection/Vetting Agreement.
Upon receipt of the above, in extreme distress, given the magnitude of their investments in order to ensure the prompt…