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MS. BECKY TOFI V. MR. L. T. CHEN

(2011) JELR 49146 (CA)

Court of Appeal  •  CA/J/295/2009  •  26 May 2011  •  Nigeria

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

Judgement
<p>ALI ABUBAKAR BABANDI GUMEL JCA (Delivering the leading : ): This is an appeal against the judgment of the High Court of Benue State, Gboko Judicial Division in suit no GHC/392/2008 delivered on 20th July, 2009. The Appellant herein was the Plaintiff before the lower Court. In a statement of claim dated 25th February, 2008, the Appellant as Plaintiff claimed as follows:-</p><p> "The Plaintiff is aggrieved and therefore claims from the Defendant, the sum of N362, 800 (Three Hundred and Sixty Two Thousand, Eight Hundred Naira) only, special damages being the sum owed the Plaintiff."</p><p> In a statement of defence dated 23rd June, 2008, more particularly in its paragraph 13, the Defendant (Respondent herein) denied the claim and prayed the lower Court to dismiss it for being frivolous, vexatious and an abuse of the process of the Court.</p><p> The respective pleadings of the parties were supported by their depositions. Also, the Defendant/Respondent accompanied his depositions with the depositions of …</p>

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