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MALLAM SULE TASALLA v. MAGAJI BA'ARE & ANOR

(2018) JELR 39249 (CA)

Court of Appeal  •  CA/S/115/2015  •  18 May 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgment):   This appeal is against the Judgment of the Kebbi State High Court delivered on 27th January, 2010, coram Asabe Karatu, J

By a specially endorsed Writ of Summons, the appellant as plaintiff at the trial Court claimed the sum of ₦1,368,000.00 and 20% interest against the respondent herein jointly and severally being the price of his damaged car as well as other incidental expenses. In paragraph 39 of the statement of claim at pages 6 7 of the record of appeal, appellant claimed against the respondents as follows:

39. WHEREOF, the plaintiff claims the following reliefs against the Defendants jointly and severally: -

(a)  ₦600, 000.00 being the current price of the car,

(b)  ₦180, 000.00 special damages (11/07/2008 to 3/10/2008).

PARTICULARS OF SPECIAL DAMAGES

(i) Plaintiff flies Argungu Kangiwa, Kamba, Birnin Kebbi, Sokoto, Gwandu, Jega with his car.

(ii) The car takes six passengers per trip and transport varies between  ₦300.00 …

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