ALH. ABUBAKAR JALLI GAMBO V. JERRY IKECHUKWU & ORS

MAHMUD MOHAMMED, J.S.C. (Delivering the Leading Judgment): In this appeal which is fixed for hearing today, it is quite clear from the writ of summons marked for hearing under the undefended list of the trial that the 3 distinct reliefs granted by the trial Court on hearing the action under the undefended list of that Court included the 3rd relief which reads:-

"(iii) N1,000,000.00 (One Million Naira Only) as general damages for breach of contract"

It is quite plain that the relief not only required proof of the alleged acts in breach of the contract between the parties, credible evidence was also required to have proved the extent of general damages claimed by the plaintiff resulting in the trial court awarding only N40,000.00 out of the N1,000,000.00 claimed by the plaintiff. On these undisputed facts, I am of the view that this case did not satisfy the requirement of Order 23 Rule 1 of the Federal Capital Territory (F.C.T.) High Court Rules, for hearing under undefended list not be…