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NATIONAL ELECTRIC POWER AUTHORITY (NEPA) V. MALAM MUHAMMAD AUWAL

(2010) JELR 33719 (CA)

Court of Appeal  •  CA/K/130/2007  •  9 Feb 2010  •  Nigeria

Coram
MOHAMMED L. GARBA JCA; JOHN INYANG OKORO JCA; THERESA N. ORJI - ABADUA JCA;

Judgement

JOHN INYANG OKORO, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court holden at Kaduna and presided over by Hon. Justice A.M Liman which said judgment was delivered on the 28th day of November, 2006 wherein the said court granted general damages in the sum of ₦10,000,000.00 (Ten Million Naira) only to the Respondent against the Appellant.

The Respondent (as plaintiff) at the court below had through a 31 paragraph statement of claim dated and filed on the 22nd day of March, 2004 claimed as next of kin of late Nazifi Muhammad Auwal three Declarative Reliefs and an order directing the Appellant to pay a total sum of ₦10,000,000.00 (Ten Million Naira) only as general damages " for lost (sic), continuous pain, anguish, shock and continuous psychological trauma caused the plaintiff, by the defendant act(s) and omission(s)." The defendant rebutted the claim through a statement of defence dated and filed on the 16th day of April, 2004.

The…

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