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MR. SHOLA & ORS V. CHIEF NWANKWO SUNDAY

(2016) JELR 34608 (CA)

Court of Appeal  •  CA/A/593/2014  •  17 May 2016  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; TANI YUSUF HASSAN JCA; JOSEPH EYO EKANEM JCA;

Appearances
Prince J. O. Adele with him, A. E. Adele, Esq. For Appellant Anthony Chukwura, Esq. For Respondent

Judgement

JOSEPH EYO?EKANEM, J.C.A. (Delivering the Leading Judgment):? This appeal is against the judgment of the High Court of the Federal Capital Territory, Abuja Judicial Division ("the trial Court" for short) in Suit No FCT/HC/CV/589/2013, delivered on 16/4/2014. In the said judgment, the trial Court found that the respondent (qua plaintiff) had proved its case against the appellants (qua defendants). Consequently it;

"(i) Ordered that the appellants must ensure that the sum of N300,000:00 (Three Hundred Thousand Naira) wrongly paid into an account be paid back to the respondent;

(ii) Awarded N500,000:00 (Five Hundred Thousand Naira) as general damages against the appellants."

The trial Court assessed the costs of the action at N100,000:00 (One Hundred Thousand Naira) in favour of the respondent.

It is pertinent to state in brief some of the facts of the case leading to this appeal. The respondent is a businessman while the 1st and 2nd appellants are members of staff of the 3rd appella…

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