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ESIMUA & SONS (NIG.) LTD. MR. M. ESEIGBE V. MRS. HELEN EDEMA-SILLO

(2002) JELR 53336 (CA)

Court of Appeal  •  CA/B/82/99  •  6 Mar 2002  •  Nigeria

Coram
BABA ALKALI BA’ABA, JCA (Presided) SAKA ADEYEMI IBIYEYE, JCA (Read the Lead Judgment) KUMAI BAYANG AKAAHS, JCA

Judgement

IBIYEYE, JCA (Delivering the Lead Judgment): This appeal is against the judgment of Idahosa, J. of Edo State High Court of Justice sitting in A Benin City in Suit No. B/1/68/94 delivered on the 26th day of March, 1998. The plaintiff (now respondent) instituted an action against the defendants (now appellants) in which she claimed the following reliefs jointly and severally against the appellants: “(a) A declaration that the plaintiff is the owner and in possession of the 30,000 litre tanker which she bought and paid for from the defendants for the sum of N300,000.00.

An order directing the defendant (sic) to issue or provide the plaintiff the receipt for the balance of N150,000.00 paid to them in October, 1994 for the said tanker.

N200,000.00 being special and general damages suffered by the plaintiff by the disturbance, delay, obstruction , and caused by the defendants in (sic) preventing the use of the said tanker for the business of the plaintiff. An order of injunction restraining…

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