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ONUORAH
V.
KADUNA REFINING & PETROCHEMICAL CO. LTD

(2005) JELR 24358 (SC)

Supreme Court 11 Feb 2005 Nigeria
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- The appellant filed a lawsuit against the respondent at the Federal High Court, Kaduna. - The appellant's claim was for a declaration, specific performance, and damages for breach of contract. - The trial court granted the declaration and

Case Details

Suit Number:SC.293/2000
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Counsel:Arthur Obi Okafor, Esq. (with him, Ikenna Uzokwelu, Esq.) For Appellant AND Murtala A. Yusuf, Esq. For Respondent
Other Citations:Onuorah v. K.R.P.C. Ltd. (2005) 6 NWLR (Pt.921)393 (2005) 2 S.C (Pt II) 1 (2005) 2 S.C (Pt II) 1

AKINTAN, JSC (Delivering the Leading Judgment): The appellant, as plaintiff, commenced this action at the Federal High Court, Kaduna as suit No. FRC/KD/CS/7/96 against the respondent, as defendant. His claim was for:

"(a) An order of court declaring the purported price increase/review of the 18 litres empty tins by the defendant from ₦25 to ₦40 with effect from 10/5/93 as not affecting the plaintiff who paid for his own empty tins much earlier than the commencement date of the price increase/review.

(b) An order of specific performance directing the defendant to issue/supply the plaintiff the remaining 17,012 pieces of the 18 litres empty tins not later than 30 days from the date of judgment.

(c) ₦1,000,000 general damages from the defendant to the plaintiff for the breach of the arrangement/agreement between him and the defendant."

The parties filed their respective pleadings and the trial took place before O. J. Okeke, J. The learned trial Judge delivered his reserved judgment on…

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