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SETRACO NIGERIA LIMITED v. JOSEPH KPAJI

(2017) JELR 38294 (SC)

Supreme Court  •  SC.119/2013  •  13 Jan 2017  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC;

Judgement

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The plaintiff (now respondent in this appeal) instituted an action before the Nasarawa State High Court sitting in Keffi claiming the sum of Two Hundred and Fifty Million Naira (250,000,000.00) only as special and general damages as a result of injuries he had suffered due to negligence of the defendant/appellant. The suit is number NSD/K 25/2006. On 28/11/2008 the Nasarawa State High Court presided over by Viko J. entered judgment in favor of the plaintiff/respondent in the sum of ₦89,640,000.00 (Eighty-Nine Million, Six Hundred and Forty Thousand Naira) only. The defendant was dissatisfied with the said judgment and appealed against it to the Court of Appeal, Jos Division. The said Notice of Appeal was wrongly headed IN THE COURT OF APPEAL HOLDEN AT ABUJA. On discovering this mistake, Mr. Akin Adewale of counsel filed another Notice of Appeal on 16/12/2008. The appeal was entered as CA/J/43/2009 and the appellant filed …

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