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DR. UMOH EKPO SAM & ANOR V. NZE PATRICK KALU

(2011) JELR 46671 (CA)

Court of Appeal  •  CA/C/125/2010  •  28 Feb 2011  •  Nigeria

Coram
JAFAARU MIKA'ILU JCA; MASSOUD A. OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Cross River State, sitting at Akamkpa delivered on 19th May, 2009 in Suit No. HK/8/2005.

The Respondent as plaintiff commenced the suit against the Appellants for the following reliefs endorsed on the Writ of Summons and stated in the Statement of Claim:

1. The sum of N12,999.00 being rent arrears due for 15 months from January 2004 to March 2005.

2. The sum of N195,000.00 being toss of use plaintiff's sewing machine for 15 months January 2004 to March 2005.

3. The sum of N250,000.00 as general damages for false imprisonment of the plaintiff.

In response to the plaintiff's Statement of Claim, the defendants filed a statement of defence and Counter Claim for:

(1) N100,000.00 damages for the wrongful acts of the plaintiff, and

(2) N500,000.00 as general damages.

After hearing the oral evidence of the parties, the learned trial judge granted relief 1 of the plaintiffs'…

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