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MR. MOSES BENJAMIN MR. WILLIAM JOSHUA MR. OCHEMIEBIA KUROMIEMA (FOR THEMSELVES AND ON BEHALF OF GOBO FAMILY OF ABULOMA TOWN, PORT-HARCOURT CITY LOCAL GOVERNMENT AREA, RIVERS STATE) V. MR. ADOKIYE KALIO MR. JUSTICE KALIO (FOR THEMSELVES AND AS REPRESENTING THE BENEFICIARIES OF THE ESTATE OF REV. G. G. B. KALLIO)

(2017) JELR 55669 (SC)

Supreme Court  •  SC. 207/2006  •  15 Dec 2017  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC (Presided) JOHN INYANG OKORO JSC AMIRU SANUSI JSC AMINAAUGIE JSC EJEMBI EKO JSC (Read the Lead Judgment) PAULADAMU GALINE JSC SIDI DAUDA BAGE JSC

Judgement

EKO JSC (Delivering the Lead Judgment): The appellants herein were also the appellants at the Court of Appeal, sitting at Port-Harcourt (hereinafter called the “lower court”). The said lower court, after hearing the appeal of the appellants against the decision of the Rivers State High Court in the suit No. PHC. 169/ 95, dismissed the appeal on all the issues, except issue 5 on whether the general damages awarded were excessive. The lower court affirmed the decision of the trial court on all the other issues. The lower court, however, “reduced the quantum of general damages awarded to the respondents” by half. That is, it ordered that the sum of ₦750,000.00 (seven hundred and fifty thousand naira) instead of ₦1,500,000.00 (one million five hundred thousand naira) awarded by the trial court, was “sufficient for general damages to the respondents for the trespass, continued trespass and defame of their character committed by the appellants”.

The appellants have further appealed to this …

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