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JUBRIN GARBA MATTHEW IZUNNA V. TIMOTHY KUR

(2002) JELR 54076 (CA)

Court of Appeal  •  CA/J/1/2000  •  3 Dec 2002  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR, JCA (Presided) AMIRU SANUSI, JCA (Read the Lead Judgment) IFEYINWA CECILIA NZEAKO, JCA

Appearances
E. A. Haruna - for the Appellants. -*- W. H. Aku, Esq. - for the Respondent.

Judgement
<p><strong> SANUSI, JCA (Delivering the Lead Judgment): </strong> In this suit a summary of the plaintiff’s claim against the defendants jointly and severally at High</p><p>Court of Benue State holden at Gboko as contained in the writ of summons in statement of claim reads as follows: Special damages for the sum of five hundred thousand naira itemised as follows:</p><p>Value of the car damaged beyond repairs A</p><p>N200,000.00</p><p>Cost of medical treatment and burial expenses N 30,000.00</p><p><em> General damages </em></p><p>Loss of use of the plaintiff’s car from the 15th October, 1993 to date and general incoveniences pains and injuries N270,000.00 TOTAL <strong> N500,000.00 </strong></p><p>Also when served with the writ and statement of claim, the two defendants responded by filing a joint statement of defence wherein the 2nd defendant made counter-claim against the plaintiff which is reproducedbelow: the sum of two hundred thousand Naira (N200,000.00) being special damages arising out of losses suffered on account of the accident by the reckless or negligent act of the …</p>

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