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MR. KOFFY NDUBISI UDEAGHA v. MR. BEN NWOGWUGWU

(2013) JELR 35528 (CA)

Court of Appeal  •  CA/K/44/2005  •  1 Nov 2013  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE ABIRU JCA;

Judgement

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): Appellant filed this appeal against "the judgment of the High court of justice No. 11 Miller Road Kano, dated 17th day of November, 2003," in suit No. K/238/96. But on the record of Appeal, the suit No. is K/557/96, delivered on the said 17/11/03 by Hon. Justice Mohd H. Abdullahi, of Kano State High Court, whereof the learned trial judge held:

"I am satisfied that the plaintiff has proved the allegation of malicious arrest and detention by the defendant (sic) total 9 days with 4 at Sharada and 5 at CID I therefore assess the damages these (sic) to in favour of the defendant (sic) to be N20,000.00 per day total N180,000.00."

The plaintiff's claim at the Lower Court, as per his Amended statement of claim, was for:

"(a) Special Damages of N1,903,196.60 being the value of the skin that was ruined due to the act.

(b) General Damages of N500,000.00 for the arrest and fake imprisonment and

(c) Loss of returns on investment at 35% net pr…

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