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FIVE STAR INDUSTRIES LIMITED v. BANK OF INDUSTRY LIMITED

(2013) JELR 35374 (CA)

Court of Appeal  •  CA/L/948M/2011  •  8 Nov 2013  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; RITA NOSAKHARE PEMU JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Lead Ruling): The Appellant/Applicant in a motion dated 23/2/13 and filed on 28/2/13 prayed the court for:

"An order granting leave to the Plaintiff/Appellant to amend the reliefs sought in its statement of claim by adding the following relief to wit the sum of N313,201,920 as Special Damages being damages suffered by the Plaintiff as a result of the negligent handling of the plaintiff/Appellant's looms."

The grounds for the application are set out in the motion paper and the motion is supported by a six paragraph affidavit to which are attached Exhibits ABK1, ABK2, ABK3, ABK4, ABK5 and ABK6 as averred in paragraph 4 vii of the affidavit, Exhibit ABK1 is a copy of the statement of claim on which the trial was conducted. Exhibit ABK2 is a copy of the statement of defence and counter claim of the 1st Defendant. Exhibit ABK3 is a copy of the Reply to the statement of defence of the 1st defendant. Exhibit ABK4 is a copy of the portion of the …

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