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(2018) JELR 38883 (CA)    

Court of Appeal  ·  CA/B/406/2014 ·  30 Apr 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
cross appeal
exhibit a
lower court
breach of contract
circumstances of this case
fair hearing
favour of the respondent
contract agreement
exhibit a.
general damages
notice of appeal
18th day of march
approved bank
award of the sum n20,000,000
following cases
following circumstances
judgment of the court
jurisdiction of the trial court
sum of n20,000,000
adamawa state water board
additional grounds of appeal
agreement exhibit
arbitration clause
arguments of both learned counsel
available evidence
breach of the terms of the agreement
conciliation act laws of federation of nigeria
conciliation process
cross-examination of cw1
cross examination of the respondent
end of the trial
following documents
interest of justice
leading judgment
mtn nigeria communications ltd
provision of the arbitration
said judgment
services of the respondent
sum of n259,300,000.00
telecommunications service company
upward review of the damages

PHILOMENA MBUA EKPE, JCA (Delivering the Leading Judgment): The Respondent as Plaintiff in the lower Court, brought an action against the Appellant/Defendant claiming the sum of N259,300,000.00 (two hundred and fifty-nine million, three hundred thousand naira only) as special and general damages for breach of contract.

At the end of the trial, the learned trial Judge on the 18th day of March, 2014 found in favour of the Respondent for the sum of N20,000,000 (twenty million naira) as damages and the sum of N20,000 (twenty thousand naira) as cost against the Appellant. The Appellant being dissatisfied with the said judgment brought this appeal. The notice of appeal is dated the 24th day of March, 2014. The facts that culminated in this appeal are thus:

The Appellant, Mtn Nigeria Communications Ltd a Telecommunications Service Company hired the services of the Respondent, Tatacoms Integrated Resources Ltd to render services to the general public. The parties entered into an agreement which…

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