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MR. KENNETH AHIA v. STARCOMMS LIMITED

(2013) JELR 35411 (CA)

Court of Appeal  •  CA/L/697/10  •  10 Dec 2013  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; JOSEPH SHAGBAOR IKYEGH JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): By a Writ of Summons dated 18/7/2005, and filed at the Lagos State High Court, the Appellant, a legal practitioner, claimed as follows against the Respondent -

1. Special damages for the sum of N44,000.00

2. General damages in the sum of N5,000,000.00 for loss of date and inconveniences as a result of the negligent conduct of the Defendant (Respondent herein)

Pleadings were duly filed, and at the trial itself, the Appellant testified for himself as the sole witness, and he tendered the following documents in evidence -

Exhibit C1 - A subscriber's copy of Starcomms Billing Account (Deposit) slip of Zenith Bank PLC dated 23/6/06.

Exhibit C2 - Original Invoice of receipt issued to his law firm dated 24/5/06.

Exhibit C3 - An acknowledged copy of a letter of complaint from Ken Ahia and Associates to the Customer Service Manager of the Respondent dated 28/7/06.

The Respondent also called one witness - Uduak Usong, a data support …

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