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WEST AFRICAN CHEMICAL COMPANY LIMITED v. CAROLINE POULTRY FARM (NIGERIA) LIMITED

(1999) JELR 45346 (CA)

Court of Appeal  •  CA/E/30/89  •  8 Dec 1999  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): The Respondent sued the appellant before the High Court, Port Harcourt claiming N300,000.00 special and general damages for negligence. Pleadings were exchanged and amended here and there. The respondent owned a poultry farm which developed a bad odour. It employed the services of the appellant to remove the odour.

On the 2nd of September, 1980 the appellant carried out these services by disinfecting the farm. In the statement of claim it was alleged that on the 5th of September, the respondent observed that birds in the farm were dying in large numbers. It made contact with the appellant which did nothing. Several letters were exchanged between the parties and eventually the respondent sued for negligence.

The respondent called three witnesses in proof of its claim. It was not disputed by both sides that there was an agreement between them for the appellant to control the bad odour in the poultry farm. The respondent gave evidence thr…

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