Tobenna Udeagu V. Benue Cement Company Plc. (2005)

LawGlobal-Hub Lead Judgment Report

SANUSI, J.C.A.

The appellant as plaintiff, filed a writ of summons against the defendant company as respondent herein, claiming the undermentioned reliefs as per his amended statement of claim and his amended writ of summons. The reliefs sought by the plaintiff/appellant against the defendant at the Benue State High Court, sitting in Otukpo (the lower court) are as follows:-

(i) Loss of profit per month at the rate of N117.60k per bag for 2400 bags for one month, that is, two hundred and eighty thousand, two hundred and forty naira (N280,240:00k).

(ii) Loss of profit to the plaintiff is ten million, one hundred and sixty thousand, six hundred and forty Naira (N10,160,640:00k) at the rate of N282,240:00k per month.

(iii) Particulars of loss suffered by plaintiff as special damages are as follow:-

(a) Rent paid for warehouse at the rate

of N3,000 per month for 36 months … N108,000.00k

(b) Salaries of four staff at the rate

of N500.00k per month (N2,000.00k) for 36 months …..N72,000.00k

(c) Deposit paid N30.000.00k

Sub Total N210,000.00k

General Damages N10.160.640.00k

Total N10.370.640.00k

The facts that gave rise to the action at the lower court can be summarized thus:-