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U. UGWE UKOHA & ORS V. G. GOLDEN OKORONKWO

(1972) JELR 39299 (SC)

Supreme Court  •  SC.586/1965  •  12 May 1972  •  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&#x27;s claim as contained in paragraph 18 of the statement of claim is expressed as follows:- </p><p> &quot;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>

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