CORAM

E.O. OGWUEGBU

UDOMA

C.E.NWOSU-IHEME JCA

PARTIES

HAROLD SHODIPO & CO. LTD APPELLANTS

THE DAILY TIMES OF NIGERIA LTD. RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiffs, herein appellants, through a firm known as Messrs. Adana Brothers placed an order for the advertisement of their business names and undertakings for publication in the 1969 Year Book published by the defendants. The cost of a full-page advertisement therein was £40, which was paid through Messrs. Adana Brothers. When the defendants failed to insert the advertisement in the Nigeria Year Book for 1969 in accordance with the order.

HELD

The Court set aside the sum of £350 awarded as damages and substituted therefore the sum of £2,500 as general damages

ISSUES

Whether the trial Judge was in error in awarding so small an amount of damages mainly on the ground that evidence had not been led to show that the plaintiffs had suffered specific pecuniary losses as a result of the failure of the defendants to insert the appellants’ advertisement in their Year Book.?

RATIONES DECIDENDI

CASES CITED

Aerial Advertising Co. v Batchelors Peas Ltd. (Manchester), 2 All ER 788, at p. 795|Chaplin v Ricks (1911) 2 KB 786|Khanwam and Co. v Chellaram and Sons (Nig.) Ltd., (1964) 1 WLR 711 at p. 714

STATUTES REFERRED TO

None.|

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