Sergius Onyekwelu V. Elf Petroleum Nigeria Limited (2009)

LAWGLOBAL HUB Lead Judgment Report

MAHMUD MOHAMMED, J.S.C 

Sergius Onykwelu, trading under the name and style of Compet Nigeria Enterprises who is the appellant in this appeal, was the plaintiff at the trial High Court of Justice of Rivers State sitting at Port Harcourt where he instituted an action against Elf Petroleum Nigeria Limited, the respondent in this court and claimed thus:

“WHEREOF the plaintiff claims against the defendant the sum of N1,000,000.00 (One million naira) being and representing special and general damages for breach of contract contained in L.P.O. No. 01164/TNN dated 27th May,1993.

SPECIAL DAMAGE

“1. Total value of

contract executed N218,800.00

2.Interest for the month

of august 1993

at 15% of N165,000.00 N24,750.00

3. Charge rate of 20%

of the N165,000.00 for the month

of September, October and November, 1993 – N99,000.00

Total – N342,550.00

GENERAL DAMAGES N657,450.00

GRAND TOTAL – N1,000,000.00