CORAM

ALOMA MARIAM, JUSTICE, SUPREME COURT

PARTIES

1.O. ARABAMBI (Carrying on business under the name and style of Oladele Arabambi & Co.)2. NIGERIAN INDUSTRIAL DEVELOPMENTBANK LIMITED APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The 1st appellant appointed the 2nd appellant as receiver over the respondent, instead of acting as such, the 2nd appellant sold off the respondent’s plants and machinery and took steps to wind-up the company.

HELD

The court held that the appellants were liable in damages and that proof of special damages can be by oral evidence of a witness without receipts and invoices where same is credible, uncontradicted and unchallenged.

ISSUES

1. Whether the court below was right to have held that notwithstanding the lex situs of the factory the subject matter of this case, the High Court of Lagos State had the territorial jurisdiction to adjudicate on the case.2. Whether the Court of Appeal was right in law to have upheld the award of special damages of N25,344,237.00 made by the trial court in favour of the respondent after the respondent had abandoned the declaratory reliefs that served as hanger for the award of damages moreover when the award was based on the mere ipsedixit of a witness where receipt and or invoices ought to have been tendered to ground the award.

RATIONES DECIDENDI

CASES CITED

1) Tukur V. Govern-ment of Gongola State 1989 4 NWLR part 117 page 5572) Nwabueze V. Okoye 1988 4 NWLR part 91 page 6643) Onyeama V. Oputa 1987 3 NWLR part 69 page 2594) Savage & ore V. Uwechia 1972 3 S. C. 214 at 2215) Ibrahim V. Osun 1988 3 NWLR part 82 page 256) Abusonwan V. Mercantile Bank Ltd (No. 2) 1987 3NWLR part 60 page 196

STATUTES REFERRED TO

NONE

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