U. T. C. NIG. PLC
V.
MAOBISON INTERLINK & ASSOCIATE LTD.

(2003) JELR 57755 (CA)    

Court of Appeal  ·  CA/PH/127/2000 ·  16 Jan 2003 ·  Nigeria
 · 
Other Citations
U.T.C. (Nig.) Plc v. M.I.A. Ltd. (2003) 13 NWLR (Pt. 837) 291
CORAM
JAMES OGENYI OGEBE, JCA (Presided) ABOYI JOHN IKONGBEH, JCA DAVID ADEDOYIN ADENIJI, JCA (Read the Lead Judgment)
Core Terms Beta
appellant
defendant
plaintiff
issues
appeal
claim
lead judgment
pw1
reasonable doubt
trial court
counter-claim
statement of claim
exhibit a
lower court
polema industries ltd.
general damages
grounds of appeal
premises of the plaintiff
sales invoice
wrong letter head
advantage of the guarantee
agreed sum
appellant dealings
appellant’s statement
breach of contract
chairman of both companies
close look
days of the court order
facts of the case
further grounds of appeal
good order
high court
high court of abia state
issues 9c
judgment of ogbuagu
learned trial judge
legal significance of exhibit
mere fact
particular time
plaintiff-respondent
purchase of dorman diesel generating set
receipt order
record of appeal
respect of the defendant
respondent general damages of n2,000,000.00
respondent prove
respondent’s statment
said engineer
sum of n10,000,000.00
view of exhibit

ADENIJI, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Ogbuagu, J. (as he then was) in the High Court of Abia State, sitting at Aba, delivered on 3rd November, 1999. The appeal arose out of a claim for N10,000,000.00 special and general damages for breach of contract, filed in the trial court by the plaintiff.respondent as against the defendant/appellant.

Pleadings were filed and exchanged. The plaintiff/respondent’s statment of claim is at pages 4 - 9 of the record of appeal while the defendant/ appellant’s statement of defence is as contained at pages 47 - 65 of therecord. Issues having been joined, the matter was tried by the High Court whereupon judgment was given to the plaintiff/respondent by the trial court on 3rd November, 1999 as claimed by the plaintiff/respondent in paragraph (a), (b) and (c) of the statement of claim to wit the sum of N10,000,000.00 with the items making up the N10,000,000.00 specified with costs assessed at N5,000.00 in it…

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