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STEPHEN ONYENEHIDO V. M.O. BABALOLA & ANOR.

(2011) JELR 33902 (CA)

Court of Appeal  •  CA/L/930/2008  •  13 Dec 2011  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; RITA NOSAKARE JCA; MUHAMMED AMBI-USI DANJUMA JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A, (Delivering the Leading Judgment): This is an appeal against that part of the decision (i.e. the whole decision except the order striking out the 1st Defendant's counter claim) of the High Court of Lagos State, Ikeja Division contained in the judgment of the Honourable Justice M.O. Obadina (Mrs.) dated the 13th day of May 2008. At the lower court the Appellant (as Plaintiff) had in an amended statement of claim dated 2nd May 2003 claimed against the Defendants jointly and severally thus.

1. "the sum of N543,950 (Five Hundred and Forty-Three Thousand, Nine Hundred and Fifty Naira) being special damages including the value of the plaintiffs personal effects or proper unlawfully seized, detained and/or sold by the defendants in execution of the invalid, illegal, null and void Court judgment".

IN THE ALTERNATIVE

Delivery up of all the plaintiff's chattels described in paragraphs 8A(1) - (II and 8A(13) (25) in sound condition plus judgment for N7,000.00 being c…

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