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MTN NIGERIA COMMUNICATIONS LIMITED V. MUNDRA VENTURES NIGERIA LIMITED

(2016) JELR 36975 (CA)

Court of Appeal  •  CA/YL/47/2013  •  25 Feb 2016  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

BIOBELE ABRAHAM GEORGEWILL, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the High Court of Adamawa State in Suit No: ADSM/22/2008: Mundra Ventures Nigeria Limited v. MTN Communications Limited delivered on 3/6/2013 by Nathan Musa Ag. CJ., in which the claims of the Respondent as Plaintiff were granted against the Appellant as Defendant. The Respondent as Plaintiff before the Court below had instituted an action claiming special and general damages for losses occasioned to the Respondent by the negligent act of the Appellant in allowing oil to spill from its property and polluting water from the Respondent's borehole and thereby causing damages to the Respondent. The Respondent claimed the total sum of N27,000,000.00 representing losses suffered by the Respondent in its school Mundra Model Schools, Mubi owing to the leakage of oil from the gas tank of the Appellant which caused pollution to the water from the Respondent's borehole. The Respondent's s…

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