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MR. MICHEAL AGBONAVBARE V. MR. JOHNSON OGBEBOR & ANOR.

(2006) JELR 33288 (CA)

Court of Appeal  •  CA/B/152/1998  •  30 Jun 2006  •  Nigeria

Coram
PIUS OLAYIWOLA ADEREMI JCA; STANLEY SHENKO ALAGOA JCA; GEORGE OLADEINDE SHOREMI JCA;

Judgement

STANLEY SHENKO ALAGOA, JCA (Delivering the Leading Judgment): The respondents as plaintiffs instituted an action against the appellant then defendant in Suit No. B/508/94 at the High Court of Edo State, holden at Benin City claiming the sum of ₦1,000,000.00 (One million naira) special and general damages for negligence and assault. The defendant now appellant counter-claimed against the respondents claiming the sum of ₦2,000.000.00 (two million naira) special and general damages for negligence: The claim and counter-claim arose as a result of an accident which occurred in Benin City on the 8th March 1992 and which involved the appellant's Peugeot saloon car with Registration number NG 2573 MA, the 1st respondent's Mitsubishi bus with Registration number BD 5827 T driven by the 2nd respondent and a police patrol car. Pleadings having been filed and exchanged were subsequently amended by leave of court. At the trial the respondents testified for themselves and also called three witnesse…

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