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MOTHERCAT NIGERIA LIMITED v. REGISTERED TRUSTEES OF THE FULL GOSPEL ASSEMBLY NIGERIA

(2013) JELR 39642 (CA)

Court of Appeal  •  CA/C/234/2012  •  6 Dec 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; CHIMA CENTUS NWEZE JCA;

Judgement

CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): The respondents in this appeal [as plaintiffs] took out a Writ of Summons against the appellants herein [as defendants] at the High Court of Akwa Ibom State, holden at Uyo. They claimed the following reliefs from the appellants as defendants:

(a) The sum of N50,000,000.00 (Fifty Million Naira) as general damages for the damage to the respondents' building at Nwaniba Road, Nsukara Offot, Uyo, and

(b) An order directing the appellant to immediately construct suitable and fitting exit for body of water out of the building premises.

The matter went to trial on the settled pleadings. At the conclusion of the case, the court [hereinafter referred to as "the lower court"] found for the plaintiffs. This appeal is the expression of the defendants/appellants' dissatisfaction with the outcome of the proceedings. From their grounds of appeal, the appellants distilled the following issues for the determination of their appeal. They fra…

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