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NIGER DELTA POWER HOLDING COMPANY OF NIGERIA, NATIONAL INTEGRATED POWER PROJECT (NIPP)NIGER DELTA POWER HOLDING COMPANY OF NIGERIA, NATIONAL INTEGRATED POWER PROJECT (NIPP) V. AKAANGEE HULA (SUING FOR AND ON BEHALF OF THE HULA NYAM UBUR, MAYANGE NYAM AND ATIM ATONGO FAMILY OF MBAZU)

(2021) JELR 109554 (CA)

Court of Appeal  •  CA/MK/223/2018  •  11 May 2021  •  Nigeria

Coram
Ignatius Igwe Agube, JCA Cordelia Ifeoma Jombo-Ofo, JCA Yargata Byenchit Nimpar, JCA

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Benue State, Holden at Makurdi and delivered per His Lordship, Hon. Justice M. A. IKPAMBESE on the 28th day of June, 2018, whereof the Plaintiff/Respondent was awarded the sum of Thirteen Million, Six Hundred and Seventy Thousand Naira (N13,670,000.00) only as special damages.

Dissatisfied with the Judgment, the Appellant invoked the jurisdiction of this Court by filing a Notice of Appeal predicated on Eight (8) Grounds hereunder reproduced without their respective particulars:

“GROUNDS OF APPEAL

GROUND ONE:

The learned Trial Judge erred in law when he held that the Plaintiff had capacity to institute this case as he did when the Plaintiff were not members of the same family and have their different houses and it is competent and this has occasioned substantial miscarriage of justice.

GROUND TWO:

The learned Trial Judge misdirected himself in law when he held thus:

​“On the…

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