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NICOTES SERVICES LIMITED v. OJI LEKWUWA

(2009) JELR 33160 (CA)

Court of Appeal  •  CA/PH/263/2002  •  14 Jul 2009  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; EJEMBI EKO JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Respondent had commenced an action vide a writ of summons issued at the High Court of Rivers State Port Harcourt (to be called High Court after now) on the 24/6/99 against the Appellant claiming the sum of Twelve Million, Four Hundred and Forty Three Thousand, Four Hundred and Forty Eight Naira only (N12,443,448.00) as special and general damages for negligence resulting in the loss or damage to goods at the Onne Warf Port Harcourt. Pleadings were filed in the case and after trial, the High Court entered judgment in favour of the Respondent on the 20/1/2000 in the following terms:-

"1. N9,443,448.00 being the total value of the 17657 1b weight of the materials stolen.

2. N15,000.000 as fees paid by the plaintiff for the survey Report.

3. N2 Million for loss of anticipated profit.

4. N200,000.00 general damages making a total of N11,658,448.00. Interest at the rate of 21% until date of judgment and thereafter at 10% p…

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