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FBN PLC

(2008) JELR 46854 (CA)

Court of Appeal 9 Jul 2008 Nigeria
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- This is an appeal against a judgment of the Enugu High Court. - The plaintiff (appellant) claimed for various amounts, including excess deposit, loss of profits, and general damages. - The appellant was the sole agent of a Japanese compan

Case Details

Suit Number:CA/E/267/2007
Judges:AMIRU SANUSI Justice of The Court of Appeal of Nigeria MUHAMMED L. TSAMIYA Justice of The Court of Appeal of Nigeria SIDI. DAUDA BAGE Justice of The Court of Appeal of Nigeria
Counsel:Dr. ASC Mogbona For Appellant A. Ben Anachebe SAN and Frances Anachebe (Mrs.) For Respondent

SIDI DAUDA BAGE, J. C. A. (Delivering the leading judgment): This is an appeal against the Judgment of the Enugu High Court presided by AHANONU, J of the Enugu State Judiciary. The said Judgment was delivered on the 30th October 2006 against the defendant.

The Plaintiff, who is the appellant herein had before the trial court per his amended statement of claim dated the 28th September 2004, claim against the defendants as follows:-

(a) The sum of N6, 480,056.47 (Six million, four hundred and eighty thousand and fifty six Naira forty-seven Kobo) being the value as at 31/12/2001 the excess deposit of N1,318.00 paid by the plaintiff in 1982 still retained by the defendant;

(b) The sum of N6,736,616.01 (six million seven hundred and thirty-six thousand six hundred and sixteen Naira ninety-one Kobo), being special damages for loss of profits suffered by the plaintiff from 1984 to 2001;

(c) Interest on the aforesaid sums of N6,480,056.47 and N6,736,616.91 at the rate of 25% per annum with ef…

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