Adetoun Oladeji (Nig) Ltd V. Nigerian Breweries Plc (2007)

LAWGLOBAL HUB Lead Judgment Report

TOBI, J.S.C

This appeal involves a fairly narrow area. It is the amount of damages awarded. At the trial Court, the learned Judge awarded the sum of N25 million. The Court of Appeal reduced the sum to N833,333.00. This appeal is against the damages awarded by the Court of Appeal. It is the case of the appellant that the amount is too low.

Briefs were filed and exchanged. The appellant formulated six issues for determination:

(i) Whether the damages due to the appellant in this case was only the profit it could have made for one month having regards to the terms and conditions of the contract in exhibit B (Covers ground 1).

(ii) Whether the lower court could in law rely on evidence of unpleaded facts by either the appellant or the respondent in this case to set aside the sum of N1,249,000.00 as awarded to the appellant by the trial court as special damages for wrongful seizure and detention of the appellant’s empty bottles of assorted products (Covers grounds 3 & 7).

(iii) Whether the lower court was right in setting aside the sum of N931,405.30 awarded in favour of the appellant by the trial court in this case for non delivery of goods paid for by the respondent (Covers ground 4)

(iv) Whether the rule and decision in Hadley v. Baxendale (1854) 9 Exch 341 has a binding force on Nigerian courts any longer having regards to this court’s decision in Eliochin (Nig.) Ltd. & Ors. v. Victor Mbadiwe (1986) 1 NWLR (Pt.14) 47, (1986) All NLR 1 at 14 (Covers ground 5).

(v) Whether the lower court was right in law to reduce the sum of 25 million general damages awarded in favour of the appellant by the trial Court to N833,333.00 in view of the quantity and quality of the unchallenged evidence and findings of fact which the lower court believed was not perverse. (Covers grounds 6 & 8).

(vi) Whether the decision of the lower court in this case conform with principles of law regulating proper and correct evaluation and appraisal of evidence. (Covers grounds 2 and 9)”

The respondent formulated three issues for determination:

“3.1 Whether the lower court was not right in setting aside the sum of N931 ,405.30 awarded in favour of the appellant by the trial court for non-delivery of goods purportedly ordered and paid for by the appellant.

3.2 Whether the lower court was not right to have reduced the general damages of N25 million awarded by the lower court to N833,33.00.

3.3 Whether the lower court was not right in setting aside the sum of N1,249,000.00 awarded by the trial court as special damages for the wrongful seizure and detention of the appellant’s empty bottles.”

Learned counsel for the appellant, Mr. Kole Olawoye, taking issues Nos.1 and 5 together, referred to exhibit B and pointed out that clauses (a) and (b) at page 2 of the exhibit are very germane and relevant to the determination of the two issues. He contended that the respondent did not give the required one month notice to the appellant. He referred to the evidence of D.W.1 and paragraph 7(b) and (d) of the further amended statement of claim.