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GITTO CONSTRUZIONI GENERALI NIGERIA LIMITED v. MR. OKON PHILIP INUA

(2017) JELR 37275 (CA)

Court of Appeal  •  CA/C/256/2014  •  9 Jun 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment): The instant appeal is against the judgment of Akwa Ibom State High Court, delivered on August 1, 2012 in suit No. HOK/19/2011.

BACKGROUND FACTS

The suit was commenced by the Respondent on 26/6/2011 in the Court below vide a writ of summons, thereby seeking declaratory and damages reliefs. By paragraph 20 of the statement of claim thereof, the Respondent sought against the Appellant:

(a) A declaration that the Defendant's excavation of the leased plot of land measuring 5,143,844 square metres far below the agreed level is a breach of clause 4 of the terms of the Lease Agreement between the parties dated 24th day of October 2008.

(b) N52,001,000.00 against the Defendant as special and general damages for the complete devastation of the land rendering it no longer of any economic or agricultural value to reclaim the land and for the hardship visited on the Plaintiff by the actions of the Defendants.

(c) N100 million again…

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