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UNIVERSAL TRUST BANK OF NIGERIA V. FIDELIA OZOEMENA

(2007) JELR 41913 (SC)

Supreme Court  •  SC.129/2001  •  26 Jan 2007  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; UMARU ATU KALGO JSC; GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

U. A. KALGO, JSC (Delivering the Leading Judgment): By a writ of summons issued out of Onitsha High Court by the respondent as plaintiff, she claimed against the appellant as defendant, the sum of ₦2,000,000.00 (two million naira) being special and general damages for nuisance and negligent destruction of her landed property and materials by the defendant.

Pleadings were ordered, filed and exchanged between the parties. Paragraph 14 of the respondent's (plaintiff) statement of claim, which sets out the particulars of claim read:

"14. WHEREFORE the plaintiff has suffered damage and claims against the defendant the sum of ₦2,000,000,00 (two million naira) being special and a general damages for the nuisance and negligent destruction of her property and materials by the defendant."

Particulars of special and general damages:-

"(a) Special damages:-

1. Cost of 15 bundles of corrugated iron sheets ₦75.000.00

2. Cost of 50 planks of timber ₦10,000.00

3. Cost of 50 sheets of asbestos and cei…

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