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IFESINACHI MASS TRANSIT LIMITED v. OGAGA OVRAWAH & ANOR

(2016) JELR 37045 (CA)

Court of Appeal  •  CA/B/64/2013  •  24 Mar 2016  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; PHILOMENA MBUA EKPE JCA; HAMMA AKAWU BARKA JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of the High Court of Justice sitting at Auchi in Edo State of Nigeria in Suit No: HAU/24/2011 - OGAGA OVRAWAH AND ANOR v.?IFESINACHI MASS TRANSIT COMPANY LIMITED delivered on 30/10/2012 wherein the Court gave Judgment in favour of the Respondents i.e. the Plaintiffs of the Lower Court.

Briefly, the facts of this case are that this suit was commenced at the Lower Court vide a writ of summons which was issued with the leave of the Court.

Pleading were duly exchanged by the parties and also amended.

By paragraph 10 of the amended statement of claim, the Plaintiffs (now Respondents) claimed jointly and severally against the Defendant (now Appellant) as follows:-

''(a) The sum of (N4,069,250.00) four million, sixty-nine thousand, two hundred and fifty Naira as special and general damages suffered by them as a result of the accident.

(b) The sum of (N5,000,000.00) five million Naira general…

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