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REGISTERED TRUSTEES OF THE NEW APOSTOLIC CHURCH IN NIGERIA V. PASTOR JOSEPH ABOLARIN

(2004) JELR 54422 (CA)

Court of Appeal  •  CA/IL/36/2002  •  7 Jul 2004  •  Nigeria

Coram
ABOYI JOHN IKONGBEH JCA (Presided) WALTER SAMUEL NKANU ONNOGHEN JCA JA'AFARU MIKA'ILU JCA (Read the Lead Judgment)

Appearances
Segun Onakoya, Esq. (with him, S. M. Abdul Baki, Esq.) - for the Appellant. -*- I. Abdulazeez, Esq. - for the Respondent.

Judgement

MIKA'ILU JCA (Delivering the Lead Judgment): This is an appeal A in respect of the judgment of Hon. Justice S.D. Kawu, Judge, of the Kwara State High Court in suit No. KWS/130/96 delivered on 26th July, 2001. In the said suit, the appellant instituted action against the respondent for breach of an oral contract. The appellant’s claim was for the sum of N1,130,000.00 (one million, one hundred and thirty thousand Naira only) being special and general damages, with interest on the said amount at the rate of 21% per annum from the 1st day of October, 1995 till judgment and thereafter, 10% per annum interest until the whole judgment sum is liquidated. At the end of trial, the trial court entered judgment in favour of the appellant thereby awarding the sum of N180,000.00 (one hundred and eighty thousand Naira only) to the appellant. The appellant dissatisfied with the said decision, filed this appeal on three grounds of appeal upon which three issues have been formulated in the appellant’…

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