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AHILE SEKAV DANIEL V. AKPERAN ORSHI COLLEGE OF AGRICULTURE, YANDEV

(2018) JELR 38603 (CA)

Court of Appeal  •  CA/MK/165/2017  •  1 Nov 2018  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A.(Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Justice, Benue State sitting in Gboko, Coram: Kwaghar, J.

The Appellant (as Plaintiff before the trial Court) filed an action against the Respondent and its Rector (as Defendants) claiming the following:

(a) That his HND/Statement of Result and Certificate be released to him, just like his mates.

(b) An order of award of the sum of 5, 000, 000.00 (Five Million Naira) only as specific damages.

(c) An order of award of N50,000,000.00 (Fifty Million Naira) only as general damages jointly and severally against the 1st and 2nd defendants.

The Defendants denied the claim and parties duly filed their pleadings. At the trial, the Appellant testified in proof of his claim while the Defendants adduced evidence through three witnesses. At the close of trial and the final addresses of Counsel representing both parties, the learned trial Judge struck out the name of the 2nd Defendant…

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