ZAKHEM CONSTRUCTION NIG. LTD. V. MR. EMMANUEL NNEJI (TRADING UNDER THE NAME AND STYLE OF EMMACO GROUP OF COMPANIES)
(2002) JELR 54083 (CA)
Court of Appeal
•
CA/K/228/2000
•
10 Jan 2002
•
Nigeria
Coram
RABIU DANLAMI MUHAMMAD, JCA
VICTOR A.O. OMAGE, JCA
JOSEPH JEREMIAH UMOREN, JCA
Appearances
A.A. Adewoye Esq for the Appellant.
Basil C. Nwogu Esq for the Respondent.
Judgement
<p><strong> OMAGE, JCA (Delivering the Lead Judgment): </strong> In this appeal from the judgment of Kaduna State High Court Coram Hon. Justice Umaru Adamu, delivered on 9/2/2000; the appellant prayed in his amended appellant’s brief filed on 28/5/2001 this court to set aside the said judgment. The said judgment was delivered against the appellant when in a suit against the appellant by the respondent, the appellant was ordered as follows:-</p><p>(i) To pay to the plaintiff/respondent herein, the cost of hiring 63 gass cylinders from 1st December, 1993 to 28th February, 1993, the sum of N283,500.</p><p>(ii) “Transportation on 8 occasions to Suleja at N4000 per trip N32,000.</p><p>(iii) Defendant shall pay cost of hiring at N50,000 per cylinder per day from 28th February 1994 to 31st July 1995.</p><p>(iv) Defendant, shall pay cost of hiring at N50 per cylinder per day from 1st August, 1995 to 23/12/99</p><p>(v) Defendant shall pay general damages to the plaintiff in the sum of N125,000 judgment entered in favour of the plaintiff as above I…</p>