Panabiz International LTD V. Addidon Nig LTD & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The present appeal is a fall-out of the judgment of the High Court of Akwa Ibom State, holden at Eket Judicial Division, delivered on July 7, 2009 in suit No.HEK/148/2005. By the said judgment, the Court below, coram, Ita G. Mbaba, J; (as he then was) granted some of the declaratory reliefs sought by the 1st Respondent against the Appellant.

Dissatisfied with the judgment in question, the Appellant filed the notice of appeal thereof in the Court below on July 28, 2009.

BACKGROUND FACTS

The genesis of the appeal dates back to December 18, 2005.

That was the date on which the 1st Respondent filed the instant suit vide a writ of summons in the Court below, seeking various declaratory and injunctive reliefs against the Appellant and the 2nd Respondent, jointly and severally. By the statement of claim thereof, filed along with the writ of summons, the 1st Respondent claimed the following reliefs against the Appellant and 2nd Respondent, jointly and severally:

(a) A declaration that the sole Distributorship of panasonic range of office Automation products granted

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to the plaintiff by the 1st defendant is still subsisting.

(b) A declaration that the 1st Defendant has caused the breach of the Distributorship Agreement by entering into the Plaintiffs territory and signing an agreement with the 2nd Defendant thus carrying out services that were in the exclusive preserve of the plaintiff while the Distributorship agreement was still subsisting.

(c) A declaration that the 2nd Defendant induced the 1st Defendant to breach the said Distributorship Agreement when the 2nd Defendant was aware that the plaintiff was the sole Distributor and Representative of, the 1st Defendant in Akwa Ibom State for sales, Installation, Repairs and Maintenance of Panasonic photocopiers.

(d) A declaration that the plaintiff relied on the Representation and the contract made by the 1st Defendant to the plaintiff that the plaintiff was her sole distributor in Akwa Ibom State and that the 1st defendant would not file a single or individual tender with the 2nd defendant and therefore upon the breach thereof, the plaintiff suffered consequential Losses and Damages for the breach of that Representation and Contract.

(e) An order

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