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MR. E.C.O. IJEOMA V. PETROMED OIL NIGERIA LIMITED MR. E.A. DAABOUL CAPTAIN S.A. ALUKO

(2009) JELR 51402 (CA)

Court of Appeal  •  CA/PH/69/2007  •  9 Jul 2009  •  Nigeria

Coram
SULEIMAN GALADIMA JCA (Presided) MOHAMMED LAWAL GARBA JCA (Read the Lead Judgment) EJEMBI EKO JCA

Appearances
Rose O. F. Abi - for the Appellants. -*- B.S. Olagunju (Mrs.) - for the Respondent.

Judgement

GARBA JCA (Delivering the Lead Judgment): As plaintiff, the appellant had taken out a writ of summons in the Registry of the High Court of Rivers State (hereinafter called the High Court) with the following endorsement, against the respondents:

“The plaintiff’s claim against the defendants jointly and severally is as follows: The sum of N120,000,000.00 (one hundred and twentymillion naira) being and representing special and general damages for permanent injuries and disability received by the plaintiff in the course of performing his official duties with the 1st defendant’s company.”

The claim was repeated at paragraph 31 of the statement of claim dated and filed on 6 July 1996, which also contained the particulars of the special damages claimed. The respondents filed a statement of defence to the claims and the matter proceeded to trial in the course of which they challenged the jurisdiction of the High Court to entertain the action by way of a preliminary objection. The objection wa…

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