(2004) JELR 45021 (CA)    

Court of Appeal  ·  CA/L/319/99 ·  29 Jan 2004 ·  Nigeria
Other Citations
Sona Brew. Plc. v. Peters (2005) 1 NWLR (Pt.908)478
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
general damages
loss of reputation
mobilization fee
exhibit a
northern states
7th july
amended statement of defence
breach of contract
double compensation
loss of earnings
special damages
sum of n250,000.00
flagrant breach of the agreement
grounds of appeal
leave of court
refund of the said sum
sum of n50,000.00
amended notice of cross-appeal carries
breach of the aforesaid agreement
date of judgment
date of this suit
determination of the cross-appeal
following terms
issue no.
leading judgment
live performances
maltonic national musical tour
notice of appeal
payment of n250,000.00 read
performance fee
said judgment
said sum of n250.000
said tour
sum of n1,590.000
support of their claim
terms of statement of claim
total loss
written agreement

ADEREMI, J.C.A. (Delivering the Leading Judgment): The plaintiffs (hereinafter, referred to as the respondents and cross/appellants) who claimed to have been retained by the defendant (hereinafter, referred to as the appellant and cross/ respondent) to perform live throughout Nigeria on its (appellant) Maltonic National Musical Tour of ten Northern States, the terms of and conditions of which were stated in a letter dated 7th July, 1995; had sued the said appellant claiming special and general damages for breach of contract, loss of reputation and goodwill and loss of earnings. The break-down of which is as follows;

(a) Special Damages

The sum of N1,590.000.00 being the total loss of earning due to the plaintiffs from gate takings and money sprayed by guests (the particulars of which are contained in the pleadings).

(b) General Damages

(i) The sum of N50,000.00 being damages for the defendant's unilateral and flagrant breach of the agreement reached concerning the musical tour of ten…

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