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(1973) JELR 91528 (SC)

Supreme Court  •  SC.280/1973  •  28 Nov 1973  •  Nigeria

TASLIM OLAWALE ELIAS..... Justice, Supreme Court. GEORGE SODEINDE SOWEMIMO..... Justice, Supreme Court. AYO GABRIEL IRIKEFE..... Justice, Supreme Court


A. G. IRIKEFE, J.S.C (Delivering the Lead Judgment):

Before the High Court in Ibadan, the appellant and respondent herein were respectively plaintiffs in two cross actions which were subsequently consolidated for the purpose of trial. The appellant succeeded in his claims while those of the respondent were dismissed. The respondent, being dissatisfied with the decision of the Ibadan High Court, appealed to the Western State Court of Appeal on a number of grounds, but that with which this appeal is concerned, and on which it was in fact allowed, reads thus:-

"Ground "8" The learned trial Judge erred in law and misdirected himself on the facts when he awarded 900pounds as special damages for loss of rent when there was no evidence to support such award."

The finding of the Ibadan High Court, in so far as it is relevant to the issue raised in this appeal, reads:

"On the evidence I find as a fact that it was the defendant by himself and through his agents that prevented the plaintiff from le…

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