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AGIP (NIG) PLC V. UDOM OSSAI & ORS.

(2018) JELR 38953 (CA)

Court of Appeal  •  CA/OW/324/2014  •  14 Jun 2018  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA ITA GEORGE MBABA JCA TUNDE OYEBANJI AWOTOYE JCA

Appearances
TONYE KRURUBO ESQ. with him, INNOCENT EKPAN ESQ. For Appellant CHIDI B. NWORKA ESA with him, K.J. UCHENDU (MRS) and I.L. NZE (MISS) For Respondent

Judgement
<p><strong>ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment):</strong> This appeal is against the judgment of the Federal High Court, Owerri, in Suit No.FHC/OW/CS/01/2011, delivered on 27/6/2014, wherein the trial Court granted the reliefs sought by Plaintiffs (now Respondents) as per their amended statement of claim. At the trial Court the summary of the claim was:</p><p>Each of the plaintiffs claims against the Defendant the sum of (Five Million Naira) ₦5,000.000.00 (See page 37 of the Records).</p><p>After hearing the case and considering the evidence and addresses of Counsel, the trial Court held:</p><p>&quot;Indeed, upon a critical examination of the evidence placed before me, I am of the view that, 16 years after the fire incident, caused by the Defendants negligence occurred, the plaintiffs are entitled to their claims, the value of which would have been greatly eroded due to the loss in purchasing power of the Naira over this period of time The 1st, 2nd and 3rd plaintiffs are each entitled to ₦5M (Five Million Na…</p>

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