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OILSERV LIMITED V. L. A. IBEANU & COMPANY NIGERIA LIMITED & ANOR.

(2007) JELR 48131 (CA)

Court of Appeal  •  CA/PH/294/2006  •  12 Jul 2007  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; BODE RHODES-VIVOUR JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA;

Judgement

RHODES- VIVOUR, J.C.A. (Delivering the Leading Judgment): By a writ of summons issued, out of Port Harcourt High Court by the respondents as plaintiffs, they claimed against the appellant as defendant in their statement of claim as per paragraph 19 thereof as follows:-

(a) The payment of the sum of N600.000 only being the specific damages incurred and suffered by the first plaintiff to repair the equipment under reference which repairs include implement pump, glasses damaged and boom, all these were damaged by the defendant while pulling off the fire burning off the equipment.

(b) The sum of N600, 000 only being the cost of hospital bills, salary and drugs purchased and incurred by the second plaintiff.

(c) The sum of N 10,000,000.00 representing general damages suffered and incurred jointly and severally by the plaintiffs as a result of the fire incident involving their equipment and personal.

(d) The cost of this action.

Pleadings were filed in due course and exchanged. In the High

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