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MRS. NGOZI OKONKWO V. MR. EZE ONU MR. CHRISTOPHER NZEKWE MR. OKONKWO REGISTERED TRUSTEES OF DEEPER CHRISTIAN LIFE MINISTRY

(2013) JELR 53476 (CA)

Court of Appeal  •  CA/A/516/2012  •  8 Jul 2013  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA (Presided) MOORE A. A. ADUMEIN JCA TINUADE AKOMOLAFE-WILSON JCA (Read the Lead Ruling)

Judgement

AKOMOLAFE-WILSON JCA (Delivering the Lead Ruling): This is an appeal against the ruling of Honourable Justice Balami of the Federal High Court of the Federal Capital Territory, Gwagwalada, Abuja, delivered on 2April 2012. The appellant, as plaintiff on 24 May 2011, instituted this action against the respondents, claiming the sum of N300,000,000.00 (threehundred million naira) damages, jointly and severally against the respondents for negligently and vicariously causing and/or aiding the sudden disappearance of her husband (now presumed dead) on 24 December 2008 at the Deeper Life Bible Church Crusade Ground, situate along Gwagwalada-Kuje Road, Gwagwalada, Abuja.

On 17 June 2011, the 1st and 2nd respondents filed a jointstatement of defence with the 1st and 2nd defendants witnesses on oath respectively and later, on 17 October 2011, filed a preliminary objection, an affidavit in support along with a written address. Meanwhile, the appellant, on 21 November 2011, by a motion on notice so…

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