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INTERNATIONAL MESSENGERS NIGERIA LIMITED v. ENGINEER DAVID NWACHUKWU

(2000) JELR 47330 (CA)

Court of Appeal  •  CA/A/38/98  •  18 Apr 2000  •  Nigeria

Coram
MUHAMMAD SAIFULAHI MUNTAKA-COOMASSIE JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Judgement

ODUYEMI, JCA (Delivering the Leading Judgment): By a writ of summons issued at the High Court of the Federal Capital Territory Abuja on 2nd December, 1993, the plaintiff/respondent in this case claimed against the defendant/appellant the sum of one Million Naira for the damage caused to him as a result of the negligence of duty of the defendant.

By his judgment delivered on 24th September, 1997, the learned trial Judge found for the plaintiff but held that there was contributory negligence on the part of the plaintiff. He awarded the sum of ₦100,000 in favour of the plaintiff. It is against that judgment that the defendant in the lower court has now appealed.

Originally, the appellant filed two grounds of appeal, which included the omnibus ground that the judgment is against the weight of evidence. However, by leave of this court granted on 2nd November, 1998 amended grounds of appeal which contained five grounds of appeal including the omnibus ground were filed.

Distilled from the 5…

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