GODWIN C. AZUBUIKE & ANOR. V. GOVERNMENT OF ENUGU STATE & ANOR.
(2013) JELR 36019 (CA)
Court of Appeal
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CA/E/250/2006
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29 Jan 2013
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Nigeria
Coram
ABUBAKAR JEGA ABDUL-KADIR JCA;
AYOBODE OLUJIMI LOKULO-SODIPE JCA;
ISAIAH OLUFEMI AKEJU JCA;
Appearances
Mrs K. Eyiuche For Appellant
Mr. J.O. Edeh For Respondent
Judgement
<p><strong>ABUBAKAR JEGA ABDUL-KADIR, JCA (Delivering the Leading Judgment):</strong> This is an appeal against the Judgment of the High Court of Enugu State, sitting at Enugu delivered by Akubuilo, J. on the 23rd day of June 2006.</p><p> The facts leading to this appeal are stated thus:-</p><p> The appellants herein as plaintiffs instituted an action in the lower court against the respondents wherein they claimed a total of ₦5 Million special and general damages being payment for assets received for the Government of Enugu State belonging to defunct ENDC, ADC, ADA and commodity Boards.</p><p> The contract was awarded during the military regime through Enugu State Government's special committee on Anti-Government Activities whose chairman was one squadron leader TSAKAR.</p><p> Pleadings were duly filed an exchange and in answer to the plaintiffs claim the defendants stated that the entire transaction was a scam and there was no valid contract. In another breath the defence posited that since no estate valuer was called to determine…</p>