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MR. CHIBUEZE ANI & ORS. V. HON. SUNDAY AGWU UDE & ORS.

(2021) JELR 109452 (CA)

Court of Appeal  •  CA/E/244/2018  •  28 Sep 2021  •  Nigeria

Coram
Ahmad Olarewaju Belgore, JCA Joseph Olubunmi Kayode Oyewole, JCA Sybil Onyeji Nwaka Gbagi, JCA

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Ebonyi State, Ohaozara Judicial Division, holden at Obiozara, delivered on the 28th February, 2018 by EDEM, J.

Following a dispute between the parties over payment of levies at Motor Parks at Okposi in Ohaozara Local Government Council of Ebonyi State, the Respondents took out a writ at the trial Court wherein they sought the following reliefs:

(a) An Order of the Honourable Court directing the Defendants to pay General Damages of the sum of Twenty Million Naira (N20,000,000.00) to the Plaintiffs for using brute force and intimidation to use the Plaintiff’s Motor Parks.

(b) An Order of the Honourable Court directing the Defendants to pay to the Plaintiffs a special damage of the total sum of Four Million, Five Hundred and Six Thousand, Six Hundred Naira (N4,506,600.00) being the arrears of tolls Gate Fees and check off dues which the Defendants refused, fa…

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