THE CONTROLLER GENERAL OF PRISONS & ORS. V. PRINCE PEDERO ELEMA & ANOR.

AGIM, J.S.C. (Delivering the Leading Judgment): This appeal was commenced on 9/2/2018, when the appellants herein filed a notice of appeal against the judgment of the Court of Appeal in appeal No. CA/B/169/2006 delivered on 22/11/2017, reversing the decision of the trial Federal High Court at Benin in suit No. FHC/CS/109/1998, refusing to award special damages to the respondents.

The notice of appeal contains one ground of appeal. With leave of court the notice was amended. The amended notice of appeal contains 3 grounds of appeal.

Both sides filed, exchange and adopted their respective briefs as follows - appellant’s brief and respondent’s brief.

The appellant’s brief raising the following issues for determination:

1. Whether the judgment in respect of Suit No.CA/169/2006 was tenable due to the fact that the Federal High Court in suit No. FHC/B/CS/I09/1998lacked the original jurisdiction to entertained the suit? This issue is related to grounds 1.

2. Assuming but not conceding that appeal…