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TEXACO NIGERIA PLC & ANOR. v. REUBEN ILOKA

(2011) JELR 33893 (CA)

Court of Appeal  •  CA/J/110/2010  •  11 Jul 2011  •  Nigeria

Coram
KUDIRAT M.O. KEKERE-EKUN JCA ALI ABUBAKAR BABANDI GUMEL JCA UCHECHUKWU ONYEMENAM JCA

Judgement


UCHECHUKWU ONYEMENAM, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Benue State High Court, sitting at Makurdi in suit No. MHC/96/92 delivered by E.O. Ogbole J. on the 18th day of August, 1998 awarding the total sum of ₦800,487.03 against the appellants jointly and severally in favour of the plaintiff/respondent made up of ₦710,487.03 being special damages and ₦90,000.00 being general damages.

By the statement of claim dated 16:12:92, at paragraph 28 the respondent sought Reliefs as follows:-

"Wherefore the plaintiff claims from the defendants jointly and severally the sum of ₦1,000,000.00 (One million naira) only made up as follows:-
Cost of 1st gen set ..... ₦181000.00
Cost of 2nd gen set .... ₦24,000.00
Cost Of repairing the gen set ........ ₦25,000.00
value of Tex Garden and Restaurant ........ ₦425,000.00
Value of petroleum paid for by the plaintiff but diverted
to another outlet instead of Code 0880......₦245,70.00
Erroneous deductions on …

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