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UNIVERSAL TRUST BANK OF NIGERIA LIMITED v. FIDELIA OZOEMENA

(2000) JELR 43944 (CA)

Court of Appeal  •  CA/E/150/99  •  5 Dec 2000  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO JCA; JOHN AFOLABI FABIYI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

FABIYI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Ibeziako, J. sitting at the High Court of Anambra State, Ogidi on 25th November, 1997.

The respondent, as plaintiff at the trial Court, claimed against the appellant as defendant in paragraph 14 of the statement of claims as follows:

"14 WHEREFORE the plaintiff has suffered damage and claims against the defendant sum of N2,000,000.00 (Two Million Naira) being special and general damages for the nuisance and negligent destruction of her landed property and materials by the defendant.

Particulars of special and general damages:-

(a) Special damages:-

(1) Cost of 15 bundles

of corrugated iron sheet.......N75,000.00

(2) Cost of 50 planks

of timber ........ N10,000.00

(3) Cost of 50 sheets

as bestors ceiling boards... N15,000.00

(4) Cost of 10 door frames ....N10,000.00

= = = = = = = =

TOTAL : N110,000.00

= = = = = = = =

General damages:

(1) Estimated cost

of rebuilding the houses ... N1,700,000…

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