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DAUDA BUKAR V. AHMADU HUSSAINI

(2001) JELR 53661 (CA)

Court of Appeal  •  CA/J/226/99  •  10 Apr 2001  •  Nigeria

Coram
OLUDADE OLADAPO OBADINA, JCA IFEYINWA CECILIA NZEAKO, JCA

Appearances
C. Ozioko, Esq., - for the Appellant. -*- J. T. Gunda, Esq., - for the Respondent.

Judgement

MUKHTAR, JCA (Delivering the Lead Judgment): The respondent in this appeal, who was the plaintiff in the lower court, instituted an action against the appellant in the High Court of Borno State, sitting in Maiduguri. The respondent’s case was that on 2/5/95, he was wilfully struck with a matchet by the appellant on his face and that resulted in permanent deformity. The injuries sustained were treated in the State Specialist Hospital, Maiduguri, where he was admitted, and incurred expenses of N75,000. The following were special and general damages claimed by the respondents: “PARTICULARS OF SPECIAL DAMAGES

(a) Medical Expenses N75,000.00k

(b) Loss of Earnings N35,000.00k

PARTICULARS OF GENERAL DAMAGES

The plaintiff is also entitled to claims and compensation as follows:

Pecuniary damages for severe shock N200,000.00k

Damage for injuries to left... N190,000.00k

TOTAL N500,000.00k

The appellant admitted hitting the respondent with a matchet, but asserted that it was in self defence, sinc…

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