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MR. UMARU AGADA V. KADUNA STATE DEVELOPMENT AND PROPERTY COMPANY LIMITED

(2006) JELR 52209 (CA)

Court of Appeal  •  CA/K/399/04  •  12 Dec 2006  •  Nigeria

Coram
BABA ALKALI BA'ABA JCA (Presided and Read the Lead Judgment) AMIRU SANUSI JCA ABUBAKAR ABDULKADIR JEGA JCA

Appearances
Jim Omoigberale Esq. - for the Appellant. D -*- Respondent absent and not represented.

Judgement

BA'ABA JCA (Delivering the Lead Judgment): The appellant was the plaintiff in the High Court of Justice, Kaduna State where he instituted an action against the respondent who was the defendant at the trial court.

The appellant commenced the action before the Kaduna State High Court by an endorsed writ of summons dated the 13th day of February, 2001. Pleadings were ordered filed and exchanged by the parties. The appellant’s claim is contained at paragraph 22 of the appellant’s statement of claim which reads: “22. Whereof, the plaintiff claims against the defendant:

N100,000,000.00 (one hundred million naira) only as special and general damages for the forcible and illegal ejection of the plaintiff from house No. 3B,Wukari road,

Ali Akilu Estate, Marafa, Kaduna by the defendant.

Particulars of special damages: 1000 mature chickens lost/carted away during the purported ejection by the defendant’s agents valued N500.00 each. N500,000.00 20 Goats - 18 of them pregnant valued at N2,500.00 e…

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