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IMHANLU KHEREKHOLO V. SAMUEL UDA

(2010) JELR 33230 (CA)

Court of Appeal  •  CA/B/216/2002  •  12 Apr 2010  •  Nigeria

Coram
GEORGE OLADEINDE SHOREMI JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME (Ph. D), J.C.A. (Delivering the Leading Judgment): The Respondent in this appeal who was the Plaintiff in the court below had commenced proceedings at the High Court of Edo State sitting at Ubiaja (which proceedings were later transferred to Ekpoma) against the Appellant who was the Defendant claiming "N500,000:00 (Five Hundred Thousand Naira) as damages suffered by the Plaintiff as a result of the conduct of the Defendant in setting fire to the plantation of Ducanut trees, rubber trees and mango trees of the Plaintiff."

Pleadings were filed and exchanged and the matter proceeded to trial at the end of which the learned trial Judge found for the Respondent and awarded N100,000.00 (One Hundred Thousand Naira) in his favour as General damages and N3,000.00 (Three Thousand Naira) as costs. Aggrieved by the decision of the trial Judge, the Appellant has now appealed to this court on seven Grounds which, without their particulars, are set out herein as follows:

"G…

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