Addidon Nigeria Limited V. Panabiz International Limited & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The instant cross appeal, just like the main appeal [CA/C/227/2009], is equally a fall-out of the judgment of the High Court of Akwa Ibom State in suit No. HEK/148/2005, delivered on July 7, 2009.

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 present Cross – Appellant against the 1st cross-Respondent. The cross – Appellant was the 1st Respondent, while the 1st and 2nd Cross – Respondents were the Appellant and 2nd Respondent in the said main appeal, respectively.

It is trite, the vexed judgment of the Court below was to the following conclusive effect :

I hold therefore that the 1st Defendant breached the contract it had with the plaintiff when it failed to pay for service rendered to it (1st Defendant) as per the claims in Exhibit 23, which was not disputed upon entering into a conflicting contract with the 2nd Defendant though with the ratification of the plaintiff, as per Exhibit 22.

Accordingly, this case succeeds only on that point and the plaintiff is entitled to damages

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against the 1st ‘Defendant as per the claims (relief 34 (H) of the statement of claim) that is to say, the sum of Two Million, Nine Hundred and forty Nine Thousand, One Hundred and Thirty Nine Naira (N2,949,139.00) only; being the balance of the amount due and owning to the plaintiff as debt due as commission for the supply of Panasonic machines and consumables for the period of March and April, 2005

Having held the said money of the plaintiff against the will and interest of the plaintiff, and for the benefit of the 1st Defendant upon the breach of the said contract, the plaintiff would be entitled to damages, generally.

I therefore, award five million (N5,000,000.00) to the plaintiff against the 1st Defendant, as general damage.

I do not think the 2nd Defendant should be held responsible for the said end of the relationship between the plaintiff and the 1st defendant in the service of the 2nd Defendant. Accordingly the 2nd Defendant is not liable.

The 1st Defendant shall pay interest on the judgment debt at the rate of 10% per annum from the date of judgment until same is fully liquidated.

The 1st Defendant shall also pay the cost of

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