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MOHAMMED FAWEHINMI v. GLOBE MOTORS HOLDINGS NIGERIA LTD

(2017) JELR 41914 (CA)

Court of Appeal  •  CA/L/674/2014  •  16 Jun 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court delivered on 26th of June, 2013 dismissing the Appellant's suit No. LD/1048/2011 by which he claimed damages for alleged breach of contract for the repair of his car by the Respondent. The Notice of Appeal dated and filed on the 16th of September, 2013, contains two (2) grounds of dissatisfaction with the judgment and without particulars, are as follows: -

GROUND ONE

"The learned trial Judge erred in law in holding and I quote "The conclusion on this is that the claimant did not establish the fact that time was of the essence in this transaction. I so hold, if time was not of the essence, can the claimant explain of delay in the light of the documents before the Court.

GROUND TWO

The learned trial Judge erred in law when she stated and I quote: in the circumstance, no breach has been proved by the claimant against the defendant. The claims of the claimant fail …

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