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OKIN BISCUITS LIMITED JIMOH ADENIYI V. CHIEF E. A. OSHE, SAN

(2002) JELR 53396 (CA)

Court of Appeal  •  CA/IL/M.15/2000  •  24 Jun 2002  •  Nigeria

Coram
MURITALA AREMU OKUNOLA, JCA (Presided) PATRICK IBE AMAIZU, JCA ( Read the Lead Judgment) WALTER SAMUEL NKANU ONNOGHEN, JCA

Judgement

AMAIZU, JCA (Delivering the Lead Judgment): The respondent was the plaintiff before Justice Gbadeyan, of the Kwara State High Court, sitting at the Ilorin Division of the court. In the civil suit against the defendants, now the appellants, he claimed the following reliefs:-

“1. ₦900,000 (nine hundred thousand naira) special damages, and

2. ₦50,000 (fifty thousand naira) general damages

PARTICULARS OF SPECIAL DAMAGES

₦900,000 being the money lost on the resale of the plaintiff’s car, which loss was occasioned by the damage caused to the car by the defendants.”

Pleadings were filed and exchanged by the parties. The appellants filed a joint statement of defence. They later amended their statement of defence. The respondent following the amendment, amended his reply to the statement of defence. The trial proceeded thereafter. At the trial, the respondent gave evidence. He called the driver of the Acura Legend Saloon car, as his witness. The respondent claimed to be the owner of the saloon…

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