FRIDAY AIGUOREGHIAN VS THE STATE
June 12, 2025CHIEF AQUA EDEM ARCHIBONG & ORS V CHIEF ASUQUO ITONG ITA
June 12, 2025Legalpedia Citation: (2004) Legalpedia (SC) 81891
In the Supreme Court of Nigeria
Fri Jan 16, 2004
Suit Number: SC. 32/1997
CORAM
SYLVESTER UMARU ONU JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
SAMSON ODEMWINGIE UWAIFO JUSTICE, SUPREME COURT
M. BELLO
PARTIES
1. NEKA B.B. MANUFACTURING CO. LTD. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed various sums of money as special damages from the defendant for the failure or refusal to release their title documents to them which robbed them of the gains or profits they would or might have realized had the proposed transactions succeeded.
HELD
The court held that the plaintiff’s claims were all speculative with no legal basis.
ISSUES
Whether on the pleadings and evidence there is a legal basis for the award of special damages or in the alternative whether the (Plaintiff) Appellant discharged the burden of proof required to succeed in its claim for special damages. ?
RATIONES DECIDENDI
CASES CITED
J. O. Imana V. Robinson (1979) 1 All N.W.L.R. 1 at 16U.B.N. V. Odusote Bookstore Ltd (1994) 3 N.W.L.R. (Pt. 331) P.129Odulaja V. Haddad (1973) A.N.L.R. 36?
STATUTES REFERRED TO