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MINI LODGE LIMITED & ANOR v. CHIEF OLUKA OLAKA NGEI & ANOR.

(2009) JELR 47313 (SC)

Supreme Court  •  SC.231/2006  •  11 Dec 2009  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; OLUFUNMILOLA OYELOLA ADEKEYE JSC;

Judgement

F.F. TABAI, J.S.C.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Port Harcourt Division of the Court of Appeal on the 12th of April, 2006.The original action itself was initiated at the Port Harcourt Division of the High Court of Rivers State by a writ of summons issued in April 1992. The Plaintiffs were the Appellant/Cross-Respondents at the court below and are the Appellants in this Court. The Defendants were the Respondents/Cross Appellants at the Court below and are the Respondents herein. I shall herein after in this judgment simply refer to the Plaintiffs as Appellants and the Defendants as Respondents. Both the writ of summons and the Statement of Claim were amended. In the amended writ of summons a claim for N2 million naira for breach of contract was added to relief No. 4. In the amended claim which is reproduced in paragraph 18 of the Amended Statement of Claim the Appellants claimed against the Respondents jointly and severally as follows…

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