CHIKA AMINU V. GODWIN NWANKWO

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This is a relatively short Appeal and yet in which a number legal issues have been raised and argued by learned Counsel to the parties. There is for instance, the issue of the sanctity of contracts of agreement between parties; whether the trial Court was in any position to re-write an agreement for the parties, rather than allowing them to be bound by the terms of the agreement to which they have freely entered into. There is also the closely related issue of the enforceability of Exemption clauses in contractual obligations and whether the trial Court was in any position to enforce an Exemption clause, hook, line and sinker in view of the looming presence of the doctrine of fundamental breach of the contract. Also raised along with other issues is the question of when the trial Court would be at liberty to grant an alternative claim made by a party. The issue of what constitutes double compensation in civil claims is…