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GABRIEL NDIBE & ORS. V. PATRICK SUNDAY NDIBE

(2008) JELR 33035 (CA)

Court of Appeal  •  CA/E/165/2007  •  10 Jun 2008  •  Nigeria

Coram
VICTOR AIMEPOMO O. OMAGE JCA; STANLEY SHENKO ALAGOA JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

OLUKAYODE ARIWOOLA, JCA (Delivering the Leading Judgment): The appeal in this case is against the decision of the Anambra State High Court presided over by the Honourable Justice E.U. Uzodike. The judgment appealed against was delivered on 25th October, 2006 in favour of the Respondent but against the appellants.

At the Court below, the Plaintiff, hereinafter referred to as the Respondent had claimed as per his amended Statement of claim dated 16th March, 1992 as follows:-

"Wherefore the Plaintiff claim against the Defendants jointly and severally the sum of N2, 000,000.00 (two million Naira only) as damage (sic) for assault and battery on the Plaintiff."

In his judgment the trial Judge awarded the sum of N300.000.00 against the appellants jointly and severally in favour of the Respondent, according to the trial Court, "for the injury sustained on his right ear."

Dissatisfied with the said judgment, the Appellants filed a Notice of Appeal dated 1st November, 2006 containing three grou…

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