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OSCAR CONCORD FINANCE AND SECURITIES LIMITED V. MR. O. OGUNLEYE

(2007) JELR 48151 (CA)

Court of Appeal  •  CA/L/302/99  •  7 Jun 2007  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; RAPHAEL CHIKWE AGBO JCA; ADZIRA GANA MSHELIA JCA;

Appearances
For Appellant For Respondent

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): By a writ of summons taken out and also statement of claim dated the 16th March, 1993 at the High Court of Lagos State in Suit No.ID/543/93, the plaintiffs claim against the defendant reproduced at page 3 of the record of appeal vide the writ of summons is for the sum of N225,250.00 being special and general damages suffered by the plaintiff as a result of the breach by the defendant/company.

PARTICULARS:

Cost of BMW Saloon car -N 140,000.00

Cost of hiring the said car for

31 days I.V. 11th January, 1993

to February, 16th 1993 at N1000.00 - 31,000.00

per day

Cost of Agreement and Registration

Fees paid to the Defendant - 4,250.00

General Damages - 50,000.00

TOTAL 225,250.00

Pleadings were filed and exchanged between parties. The plaintiff testified in the action but did not can any other witness in support of his claim. In the same vein, the defendant also called only one witness in Support of their defence.

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