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EMMANUEL OKPANUM v. S.G.E. NIGERIA LIMITED

(1998) JELR 36882 (SC)

Supreme Court  •  SC.268/1991  •  29 May 1998  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC;

Judgement

ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal of the Enugu Judicial Division sitting in Enugu. The decision dated 9th December, 1988 leading to the setting aside of the judgment of Abakaliki High Court delivered in Suit No. AB/12/81 on the 22nd day of March, 1982 culminated in the dismissal of the plaintiff/respondent/appellant's case. For ease of reference, the plaintiff/respondent/appellant shall in the rest of this judgment be referred to as plaintiff while the defendant/appellant/respondent shall hereinafter be referred to as defendant.

Facts relevant to this appeal may be stated briefly as follows:-

The plaintiff, a motor transporter by a writ of summons issued in the High Court, Abakaliki, of the former Anambra State of Nigeria (later Enugu State but now Ebonyi State) claimed against the defendant, a road construction company in paragraph 6 of his statement of claim as follows:-

"6. Whereof the plaintiff has suffered…

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