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LORETO NWAKASI (Trading under the name and Alias Maulora Machie) V. CHRISTY CHIDI NWACHUKWU

(2003) JELR 57194 (CA)

Court of Appeal  •  CA/A/54/2000  •  19 May 2003  •  Nigeria



OGUNTADE, JCA (Delivering the Lead Judgment): The appellant as the plaintiff before the Abuja High Court claimed from the respondent who was the defendant the sum of N3,124,000.00 the breakdown of which is as follows:

“(a) General damages for the breach of contract N1,500,000.00

Loss of earning for two sessions calculated at N 244,000.00 per term N1,464,000.00 Refund of advance rent paid N 160,000.00 Total N3,124,000.00


The parties filed and exchanged pleadings. The suit was heard by Mukhtar J. On 1/3/2000, the trial Judge in his judgment non-suited the plaintiff. The plaintiff was aggrieved by the judgment. He had brought this appeal against it. In his amended notice of appeal, he raised four grounds of appeal. Strangely however, he formulated eight issues for determination out of the said four grounds of appeal. The said issues in the appellant’s brief are these: “(i) Whether or not the learned trial Judge has the power to non- suit a litigant under the High Court of the F…

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