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GODWIN GEORGE (JP) V. ABAK LOCAL GOVERNMENT

(2020) JELR 87005 (CA)

Court of Appeal  •  CA/C/151/2018  •  29 Mar 2020  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE, JCA YARGATA BYENCHIT NIMPAR, JCA MUHAMMED LAWAL SHUAIBU, JCA

Judgement


YARGATA BYENCHIT NIMPAR, J.C.A (Delivering the Leading Judgment):  This appeal is against the judgment of the High Court of Justice, Akwa Ibom State sitting at Abak and delivered on the 12th October, 2017 in suit No. HA/32/2015 wherein the court below dismissed the claim of the Appellants and entered judgment for the Respondents. Dissatisfied with the decision, the Appellants filed a Notice of Appeal on the 4th December, 2017 setting out 3 grounds of Appeal. The facts leading to this Appeal are amenable to brief summary. The Appellants approached the Court below through a writ of Summons and claim the following reliefs:

  1. A DECLARATION that the 1st defendant (Abak Local Government) has violently breached its contract with the plaintiff.
  2. AN ORDER of perpetual injunction retraining the defendants from closing the private motor park open by the plaintiff on the authority of the 1st Defendant.
  3. ₦100,000,000.00 (One Hundred Million naira) being general damages for the unlawful act breach of co…

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