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BOMBOY CHUKWUDI v. BRIG. GENERAL SAM I. MOMAH & ORS

(2017) JELR 37924 (CA)

Court of Appeal  •  CA/E/647/2013  •  20 Jul 2017  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; JOSEPH TINE TUR JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment): Bomboy Chukwudi (the appellant) took out a writ of summons against Brigadier-General Sam I. Momah and Ors. (1st and 2nd respondents) before the High Court of Justice, Enugu State holden at Enugu in a writ dated 22nd June, 2004. The entries at page 1 of the record of appeal however shows that the writ was paid for on 22nd April, 2004. Accompanying the writ of summons was a statement of claim which was in the course of the proceedings amended. The dispute was heard on the plaintiffs Further Amended Statement of Claim and an Amended Statement of Defence filed by the 1st and 2nd respondents. The appellant filed a reply to the 1st and 2nd respondents Amended Statement of Defence. The 3rd respondent also filed a statement of defence.

The parties called oral evidence supported by documentary exhibits. Learned Counsel submitted written addresses. Odugu, J., considered the oral and documentary evidence before finding in favour of the 1s…

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