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MATHEW MBOGU v. ADVISER SHADRACK (NOW AMAGBE)

(2007) JELR 33844 (CA)

Court of Appeal  •  CA/B/236/2004  •  11 Dec 2007  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; GEORGE OLADEINDE SHOREMI JCA; ALI ABUBAKAR A. GUMEL JCA;

Judgement

GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): The Appellant was the Plaintiff in the trial court. He claimed in his writ of Summons against the Respondent who was the defendant as follows:

I quote "The plaintiff claimed from the defendant the sum of Two Million Naira being the contractually agreed sum for the breach of contract; and the sum of Two Million Naira being General Damages for breach"

The case went on trial and the Appellant testified and tendered several exhibits, the Respondent also testified and tendered exhibits. At the end of the trial the learned trial Judge dismissed the Appellant's claim and upheld part of the Respondent's counter claim and awarded N10,000.00 as General Damages against the Appellant. The Appellant being dissatisfied with the judgment appealed to this Court.

The Appellant in his Notice of Appeal filed the following Grounds of Appeal quoted hereunder without the particulars.

"(i) The learned trial Judge erred in law when she hel…

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