Appeal Court Affirms $10m Damages against Shoprite Group
Gboyega Akinsanmi
Before the appeal was instituted, the trial court presided over by Justice Lateef Lawal-Akapo had awarded $10 million damages against the South African retail giant and its Nigerian subsidiary for a breach of contract In its decision, the three-man panel, comprising Justice Joseph Ikyegh, Justice Tijjani Abubakar and Justice Ugochukwu Ogakwu, threw out the appeal of Shoprite Group having established it breached agreement it entered with AIC to jointly set up the Nigerian subsidiary.
He noted that since Shoprite had by its conduct shown an assurance of intention or representation to enter into legal relation with the respondent with respect to the partnership venture and the respondent acted upon it, it could not afterward be allowed to retreat or resile from the promise of assurance.
“General damages are presumed by law to be the direct, natural or probable consequence of the act complained of but the quantification thereof is at the discretion of the court.” “The argument on post-judgment interest having been withdrawn by AIC at the hearing of the cross-appeal are hereby struck out. In the final analysis, I find no merit in the cross appeal and hereby dismiss it and affirm the decision of the lower court. Parties are to bear their costs,” he declared.
He pointed out that at the time of making the contract, Retail Supermarket “was then not in existence at the material time. In this circumstance, the lower court could not have awarded the special damages against the appellants. “Projected loss of profits was documented. But AIC did not establish that the anticipated loss was delivered to Shoprite at the time of the contract. Shoprite and its Nigerian subsidiary cannot, therefore, be burdened with what they did not reasonably foresee or anticipate from the contract.
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