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MR. LIVINUS ACHI v. MR. PETER EBENIGHE & ORS

(2013) JELR 35463 (CA)

Court of Appeal  •  CA/J/68/2008  •  28 Jun 2013  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; IBRAHIM SHATA BDLIYA JCA; PETER OLABISI IGE JCA;

Judgement

PETER OLABISI IGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the Plateau State High Court of Justice contained in the Ruling of Y. G. DAKWAK. J delivered on 7th day of February, 2007. The 1st Respondent to this appeal had on 8th day of July, 1999 instituted action against the Appellant as 1st Defendant and the 2nd and 3rd Respondents as 2nd and 3rd Defendants respectively claiming the following reliefs viz:-

"A. N3 million from the defendants jointly and severally as special and general damages.

B. An order directing the defendants to restore the fence to the state it was before the destruction.

C. The costs of this action."

Pleadings were duly exchanged. The 1st Defendant filed a further Amended statement of Defence pursuant to the leave of the High court on 16th day of November, 2001 (pages 49 0 55 of the Record).

The 1st Respondent as Plaintiff opened his case at the High court on 20th day of February, 2001 and closed his case on 4th day of No…

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