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PRINCE CLEMENT ADEGBOYE v. MR. OYELAYO SALAWU

(2013) JELR 35397 (CA)

Court of Appeal  •  CA/EK/56/2013  •  27 Nov 2013  •  Nigeria

Coram
PAUL ADMAU GALINJE JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; FATIMA OMORO AKINBAMI JCA;

Judgement

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): By a writ of summons and a statement of claim both filed on the 9th of December, 2011, the Appellant herein who was the plaintiff at the High Court of Ekiti State sitting at Ikere-Ekiti; claimed the following reliefs:-

(a) The sum of Three Million and Thirty Thousand Naira being the balance sum of the sale agreement.

(b) 10% interest on the judgment sum until the defendant pays up. The statement of claim is accompanied with the claimant's written statement on oath dated and filed on the same 9th of December 2011.

The Respondent filed a 24 paragraphs statement of defence on the 26th January 2012 in which he counter claimed as follows:

1. The sum of Four Million Eight Hundred and Forty Five Thousand Naira only (N4,845,000.00) as special damages being the sum the defendant paid to the claimant on the vehicle and other expenses on the vehicle while it was in his custody.

PARTICULARS OF DAMAGES

(a) The sum of money which the cla…

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