Shell Petroleum Development Company of Nigeria Ltd. V. Katad Nigeria Ltd. & Anor (2004)

LawGlobal-Hub Lead Judgment Report

ADEREMI, J.C.A.

This is an appeal against the judgment of the High Court of Justice Rivers State, sitting at Port Harcourt delivered on the 14th of December, 1999. In the court below, the 1st respondent who was the plaintiff by the endorsement in paragraph 35 of the amended statement of claim filed, by the leave of court, on the 12th of May 1999 claimed against the appellant who was the 1st defendant before that court as follows:

(i) An order of specific performance of contract No. E3A05 between itself and 1st defendant.

(ii) Alternatively N50,000,000.00 (fifty million naira) being for special and general damages against the 1st defendant for breach of contract

Particulars of special damages

Material Price Qty. Amt.

(a) Mahogany tellosy

Wooden windows N1,500.00 84pounds N126,000.00

(b) Hinges bolts

door lock 25,600.00

(c) Hardwood panels

door 3,100.00 14 43,400.00

(d) Steel protectors

for windows 750.00 84 Nos 63,000.00