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MOTHERCAT NIGERIA LIMITED v. PAUL UDO JOHNSON

(2017) JELR 37340 (CA)

Court of Appeal  •  CA/C/258/2015  •  12 Jun 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant was the Defendant at the trial Court in a suit filed by the Respondent herein as plaintiff.

Ime E. Umanah, J, overruled the Appellant in his Ruling in Suit No. HET/44/2012 delivered on the 13th day of February, 2014. The Appellant has appealed against that Ruling.

SUMMARY OF FACTS:

The Appellant as a Contractor entered into contract on the 30/9/11 with the Akwa Ibom State Government to construct a 11.7km Uyo Iman Road, Etinan.

In the course of the construction of the said road by the Appellant, the Appellant caused damages to the building of the Respondent at No. 34 Uyo Road, Etinan by causing flood to enter into the premises of the Respondent rather than into the gutters.

Consequent upon the damages to his premises by the flood, the Respondent instituted an action in the High Court of Akwa Ibom State, Etinan Division making the following claims:

(a) "The sum of #50,000,000.00 (Fifty Million Naira) being geneā€¦

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