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C.C.C. CONSTRUCTION NIGERIA LIMITED v. RICHARD OKEKE

(2016) JELR 36787 (CA)

Court of Appeal  •  CA/E/275/2010  •  10 Mar 2016  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of Hon. Justice V. N. Agbata of the High Court of Anambra State, Holden at Aguata Judicial Division, delivered on the 20th of July 2010.

SYNOPSIS OF FACTS

By Writ of Summons filed on the 27th of June 2007, and in Paragraph 15 of the Statement of Claim filed on same date, the Plaintiff/Respondent claims from the Defendants/Appellants the following:

1) The sum of N1,500,000.00 (One million five hundred thousand naira being the special damages of the estimated value of the Plaintiff goods/wares damaged and injury suffered by the Plaintiff arising from the defendant's negligent act. - Pages 1-8 of the Record of Appeal.

2) The sum of N500,000.00 (Five Hundred Thousand Naira) being general damages for the injury, pains and losses occasioned and suffered by the plaintiff as a result of the defendant's negligence.

The Plaintiff/Respondent's case is that the Appellant, with its excavator at its constr…

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