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PATRICK OGBONNA v. CHRISTAIN OGBONNA & ANOR

(2014) JELR 33198 (CA)

Court of Appeal  •  CA/K/200/2008  •  17 Jan 2014  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ITA G. MBABA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Kaduna State High Court, in Suit No. KDH/KAF/54/2005, delivered by HON. JUSTICE L. D. ABA on 30/6/2008, wherein the court held in favour of the Respondents, awarding special and general damages, totaling one million three hundred and forty five thousand, five hundred naira (N1, 345,500.00) to the Respondents and cost of N10, 000.00 for malicious prosecution.

Appellant was the defendant at the lower court and the Respondents, Plaintiffs. The Plaintiffs had claimed as follows, as per their Amended Statement of claim on page 6 of the Record:

(i) N870, 000.00 being special damages for monies spent to hire the services of Counsel to appear for them at both the Police Station, at various times and in Court at various adjournments, filing Court processes and obtaining Court records.

(ii) N1,130,000.00 general damages for miscellaneous expenses incurred in respect of the Police arrests, detention an…

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