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BEWAC AUTOMOTIVE PRODUCTS LIMITED V. NACENN NIGERIA LIMITED

(2004) JELR 55332 (CA)

Court of Appeal  •  CA/E/52/2000  •  29 Nov 2004  •  Nigeria

Coram
SULEIMAN GALADIMA JCA (Presided and Read the Lead Judgment) JOSEPH JEREMIAH UMOREN JCA JAA'FARU MIKA'ILU JCA

Judgement

GALADIMA JCA (Delivering the Lead Judgment): This is an appeal against the decision ofAgbo (J) of the Enugu State High Court delivered on 22/10/99 insuit No.E/43/92 infavour ofthe plaintiffhereinafter tobe referred to as the respondent. A

By paragraph 20(a) of its further amended statement of claim the plaintiff’s claims against the respondent were as follows:-

“A(i) Replacement engine for AN 7322 EB - N145,103.77

Replacement engine for AN 6619 EB - N145,103.77

Insurance costs for AN 7322 EB - N 1,457.77

Insurance costs for AN 6619 EB - N 1,457.77

Freight duty, clearingcharges for replacement engine for AN 7322 EB - N 68,033.49 Freight duty and clearing charges for AN 6619 EB - N 68,033.49 N429,190.06” It also claimed compensation for loss of earnings.

Parties filed and exchanged pleadings. Trial commenced with the plaintiff and itsmanaging directortestifying. Respondent also called a witness to defend the claims against it.

In his judgment afterthe addressof counsel,learned trial Judge ent…

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