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UZOAMAKA N. OGOKE & ANOR V. BENSON OGOKE

(2012) JELR 35142 (CA)

Court of Appeal  •  CA/PH/324/2006  •  21 Jun 2012  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; MOJEED ADEKUNLE OWOADE JCA; HARUNA M. TSAMMANI JCA;

Appearances
A. C. Okoroafor; Esq. For Appellant B. N. Onuoha; Esq. For Respondent

Judgement

HARUNA M. TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of A. U. Kalu, J of the High Court of Abia State sitting at Umuahia, delivered on the 9th day of January, 2005

By Writ of Summons dated the 1st day of July, 2002 and filed the 22nd day July, 2002, the Respondent claimed jointly and severally against the Appellants, the return of certain personal properties and cash valued at seven hundred and eighty-five thousand, six hundred and fifty Naira (N785,650.00) unlawfully removed from the Respondent's house by the 1st Appellant and detained in the 2nd Appellant's house. Alternatively, he, claimed the sum of ten million Naira (N10,000,000.00) as special and general damages for the wrong detention of those properties and cash. Specifically, the Respondent's claim before the lower court as stated in paragraph 12 of the Amended statement of claim is for:

(a) Return of the Plaintiff's personal properties and cash valued N785,650.00 …

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