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NZUBE ANAZODO V. PAZMECK INTER TRADE, NIGERIA & ANOR

(2007) JELR 47288 (CA)

Court of Appeal  •  CA/E/31/2005  •  14 Jun 2007  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SOTONYE DENTON-WEST JCA; JIMI OLUKAYODE BADA JCA;

Judgement

BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Nnewi High Court in Anambra State of Nigeria delivered on the 27th day of July, 2004 in Suit No. HN/124/2001:

Pazmeek Inter-trade Nig. Ltd. and 1 other and Nzube Anazodo.

By paragraph 15 of the amended statement of claim, the plaintiffs now respondents sued the defendant now appellant for the sum of five million Naira being special and general damages caused to the plaintiffs by the wrongful act of the defendant.

In a considered judgment, the learned trial Judge held at pages 83 to 84 of the record thus......"

Most of items of special damages have been proved to the satisfaction of the Court, and I shall now proceed to enter judgment for the plaintiff:-

(a) Plaintiff is hereby awarded the sum of N700, 000.00 paid to the defendant for services not rendered less N 173, 000.00 import duty paid by the defendant thereby leaving a balance of N527, 000.00 to be refunded by the defendant.

(b) The cour…

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