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CHIEF E.K. STANLEY ONOSIGHO v. GLOBACOM LIMITED & ANOR

(2016) JELR 36774 (CA)

Court of Appeal  •  CA/B/236/2013  •  4 Mar 2016  •  Nigeria

Coram
PHILOMENA MBUA EKPE JCA; HAMMA AKAWU BARKA JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

HAMMA AKAWU BARKA, J.C.A.(Delivering the Leading Judgment):

The instant appeal is against the judgment of the Delta State High Court of Justice sitting in Ughelli in Suit No. UHC/36/2009, Chief E.K. Stanley Onosigho (for himself and on behalf of Late Chief Peter Ohwotu Onosigho family of Otor-Edo) and Globacom Ltd; Chief Peter Igbini (for and on behalf of the Omovwaire family of Iwhrekpokpor Town Ughelli) delivered on the 12th of March, 2013; whereof the appellants claim was dismissed. The facts relevant to the present appeal in brief are as follows:

The Appellant as plaintiff before the Lower Court caused a writ of summons dated the 5th of March, 2006 to issue against the two defendants. By paragraph 13 of the plaintiff’s statement of claim filed on the 20/04/2009, the plaintiff claimed against the defendants jointly and severally the following reliefs:

“(a) The sum of N100,000,000 (One Hundred Million Naira) only being aggravated punitive and general damages when defendant without…

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