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NEKA B.B. MANUFACTURING CO. LTD. VS AFRICAN CONTINENTAL BANK LTD.

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NEKA B.B. MANUFACTURING CO. LTD. VS AFRICAN CONTINENTAL BANK LTD.

Legalpedia 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



CLICK HERE TO READ FULL JUDGMENT

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