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GODWIN AGBEYEGBE V. SEISMOGRAPH SERVICES (NIGERIA) LIMITED

(1978) JELR 39838 (SC)

Supreme Court  •  SC.374/1976  •  16 Jun 1978  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; MOHAMMED BELLO JSC; KAYODE ESO JSC; JSC;

Judgement

K. ESO, J.S.C. (Delivering the Leading Judgment): In the High Court of the Midwestern State of Nigeria (now Bendel State) holden at Sapele before Ogbobine, J., the plaintiff who is the appellant in this court claimed as follows:

"the sum of N1, 780.00 (One Thousand, Seven Hundred and Eighty Naira) being compensation which the defendant negotiated and agreed to pay plaintiff on the 22nd day of November 1972 for the damage/loss of plaintiff's pigs and piggies"

The learned trial Judge ordered pleadings which were duly filed and the pertinent paragraphs of the Statement of Claim read as follows:

"3. In 1964, plaintiff established a piggery farm in Mereje. The farm is situated on a small Island just off the Mereje Coast in Okpe clan, Western Urhobo Division within the jurisdiction of this Honourable Court. On this Island, the plaintiff built two houses which are used for the purpose of the piggery business.

6. Before the incidents giving rise to this claim, the plaintiff ran his piggery an…

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