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REYNOLDS CONSTRUCTION COMPANY LIMITED v. JOHN OKPEGBORO

(1999) JELR 42072 (CA)

Court of Appeal  •  CA/B/131/95  •  2 Dec 1999  •  Nigeria

Coram
SUNDAY AKINOLA AKINT AN JCA; BABA ALKALI BA’ABA JCA; SAKA ADEYEMI IBIYEYE JCA;

Judgement

AKINTAN, J.C.A. (Delivering the Leading Judgment): The appellant company, Reynolds Construction Company Limited, was the defendant in this action instituted at the Iguobazuwa High Court of Edo State as suit No. H/GU/19/91. The present respondent, John Okpegboro, was substituted for his father, Francis Okpegboro, the original plaintiff when he died. His claim before the Court as endorsed in paragraph 26 of the amended statement of claim is inter alia, for:

"The sum of N961,000 being special and general damages suffered by the plaintiff as a result of the destruction of his economic crops by the defendant."

Pleadings were filed and exchanged and the trial thereafter commenced before Hayble, J. The plaintiff opened his case on 8th March, 1994. He gave evidence on that day and he was duly cross-examined by learned counsel for the defendant. The first plaintiff witness also testified on that day before further hearing was adjourned to 14th April, 1994 at the request of the defence. But on…

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