U. UGWE UKOHA & ORS V. G. GOLDEN OKORONKWO
(1972) JELR 39299 (SC)
Supreme Court
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SC.586/1965
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12 May 1972
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Nigeria
Coram
GEORGE BAPTIST AYODOLA COKER JSC;
ATANDA FATAYI-WILLIAMS JSC;
GEORGE SODEINDE SOWEMIMO JSC;
Appearances
A. Obi Okoye for the appellants. For Appellant
Respondent absent and unrepresented. For Respondent
Judgement
<p>SOWEMIMO, J.S.C. (Delivering the Leading Judgment ):The appellants, who were defendants in the lower court, have appealed against the judgment of Allagoa l. in which he awarded a total sum of 6,541.14s.6d as special and general damages against them jointly and severally in favour of the respondent. </p><p> The action titled Suit No. HU/9/1965 was instituted at the High Court, Umuahia, in the then Eastern Nigeria. The plaintiff's claim as contained in paragraph 18 of the statement of claim is expressed as follows:- </p><p> "Whereof the plaintiff claims from the defendants jointly and severally 7,015.18s.6d made up as follows:</p><p> 1. 1,374.18s.6d being the unpaid balance of the value of the work done by the plaintiff for the defendants in 1964 at Ohafia, Umuahia at the request of the defendants. </p><p> 2. 5,641 being general damages being approximately 10 per cent profit of the value of a contract made and to be performed at Ohafia between the plaintiff and defendants in an agreement dated 23rd March, 1964 whi…</p>