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PORT HARCOURT CITY LOCAL GOVERNMENT COUNCIL V. SEBASTINE EKEOHA & ORS

(2007) JELR 57741 (CA)

Court of Appeal  •  CA/PH/325/2005  •  12 Jul 2007  •  Nigeria

Coram
SULEIMAN GALADIMA JCA (Presided) MOHAMMED LAWAL GARBA JCA IBRAHIM M. MUSA SAULAWA JCA (Read the Lead Judgment)

Appearances
Chief E. A. Amdi Esq for the Appellant; B. G. Diri Esq. for the Respondents.

Judgement

SAULAWA JCA (Delivering the Lead Judgment): On 19 March 2002, the four respondents filed in the court below a writ of summons with a statement of claimagainst the present appellant,seeking the following reliefs:

“22. Wherefor the plaintiffs’ claim against the defendant is for the sum of N65,000,000.00 (sixty five million naira) representing special and general damages, the defendant having destroyed the 72 market stalls built by the plaintiffs in breach of the contract agreement between the plaintiffs and the defendant.

Special damages

1. The sum specially received by the defendant on 27/8/98 as regards the 72 stalls in issue herein - N8,800,000.00

2.The sum specially received by the defendant on 10/10/2000 as regards the 72 stalls in issue - N1,500,000.00

3.The sum paid to the defendant before the permission to build - N250,000.00

4.The sum expended for clearing of the gutters and debris - N315,000.00

5.The sum paid to community boys/youths before being allowed to build - N100,00…

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