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ANYAEJI MARY ANDREW V. MTN NIGERIA COMMUNICATIONS LIMITED

(2016) JELR 46902 (CA)

Court of Appeal  •  CA/IL/107/2015  •  22 Mar 2016  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA; CHIDI NWAOMA UWA JCA; UCHECHUKWU ONYEMENAM JCA;

Appearances
Joseph Oboite signed the Counsel list but absent For Appellant I. O. Atofarati, Esq. with him, D. A. Ijalaye, Esq., D. Y. Awogbade (Miss) and I. R. Oderinde (Miss) For Respondent

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the Judgment of the Kwara State High Court, Ilorin Judicial Division, presided over by M. Abdulgafar, J. delivered on 19th March, 2014.

Judgment was given in favour of the Appellant but the trial Court refused to award general damages to the Appellant for the reason that the Appellant did not prove his entitlement to same.

The Appellant aggrieved by that part of the judgment appealed against same to this Court raising three (3) grounds of appeal, pages 145-147 of the printed records.

As the claimant at the trial Court, Paragraph 31 of his amended statement of claim, pages 43-48 of the printed records, the appellant claimed against the Respondent (as defendant) as follows:

"1. A Declaration that the Defendant is under obligation to disclose and/or furnish the police with necessary information to aid her investigation of the claimant's complaint.

2. A Declaration that the Defendant's refusal and/or neglect to d…

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