CORAM

PARTIES

ADETOUN OLADEJI (NIG.) LTD APPELLANTS

NIGERIAN BREWERIES PLC RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant in a suit for breach of contract was awarded damages by the trial court to the tune of N25,000,000. This amount was however reduced by the Court of Appeal to N833,333.00?

HELD

Appellant awarded the sum of N2, 180,405.30 in damages.

ISSUES

(i) Whether the damages due to the appellant in this case was only the profit it could have made for one month having regards to the terms and conditions of the contract in Exhibit B (ii) Whether the Lower Court could in law rely on evidence of unpleaded facts by either the Appellant or the Respondent in this case to set aside the sum of N1,249,000.00 as awarded to the Appellant by the trial court as special damages for wrongful seizure and detention of the Appellant’s empty bottles of assorted products??

RATIONES DECIDENDI

CASES CITED

1. Aouad v. Kessrawani (1956) N.S.C.C.332. Amadi v. Thomas Aplion Co. Ltd. (1972) 7 N.S.C.C. 262.3. Oduye v. Nigeria Airways Limited (1987) 2 NWLR (Pt.55) 1264. Eliochin Nig. Ltd v. Mbadiwe (1986) 1 NWLR (Pt.14) 475. Nigerian National Supply Co. Ltd v. Alhaji Hamaioda Sabana Co. Ltd (1988) 5 NWLR (Pt.40) 20056. African Reinsurance Corporation v. Fantaye (1986) 1 NWLR (Pt.14) 113

STATUTES REFERRED TO

1. Constitution of the Federal Republic of Nigeria 1999

2. Criminal Procedure Law

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