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AHMADU MUSA & ANOR V. ANTHONY EHIDIAMHEN

(1994) JELR 43360 (CA)

Court of Appeal  •  CA/J/184/91  •  26 Jan 1994  •  Nigeria

Coram
OBINNAYA ANUNOBI OKEZIE JCA RABIU DANLAMI MUHAMMAD JCA ADRIAN CHUKWUEMEKA ORAH JCA

Appearances
Olajide Ayodele SAN (with him, O. Popoola) For the Appellant; P.N. Oche holding B.J. Ngilari's brief for the Respondent.

Judgement

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): By a writ of summons issued in the High Court of Borno State, Konduga Judicial Division holden in Maiduguri the plaintiff sued the defendants claiming for a declaration that the defendants are jointly and severally liable to the plaintiff for all damages suffered by the plaintiff as a result of an accident involving the plaintiff's Peugeot Saloon car with registration No. BD 8118 JA and the second defendant's MAN Diesel lorry with registration No. PL 218 J driven by the first defendant for and on behalf of the second defendant which said accident occurred on the 14th December 1987.

Pleadings were ordered, filed and exchanged. By paragraph 17 of the statement of claim the plaintiff claimed as follows:-

"(a) N61,000.00 (Sixty One Thousand Naira) being the pre-accident value of the plaintiff's Peugeot 505 SR Saloon car with registration No. BD 8118 JA.

(b) As special damages the sum of N1,314,600.00 (One million three hundred and fourte…

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