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AFOLABI
V.
MUDASHIRU

(2009) JELR 74839 (CA)

Court of Appeal 30 Nov 2009 Nigeria
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Case Details

Judges:CLARA BATA OGUNBIYI, J.C.A. (Presided and Read the Leading Judgment), ISTIFANUS THOMAS, J.C.A., SIDI DAUDA BAGE, J.C.A.
Counsel:Olatunde Oyedapo, Esq. – for the Appellant Nnaemeka Amaechina, Esq. – for the Respondent
Other Citations:(2010) 3 NWLR (Pt. 1181) 328

OGUNBIYI, J.C.A. (Delivering the Leading Judgment): By a writ of summon dated the 22nd of December, 1997, the respondent as plaintiff at the trial court instituted the initial suit No. HCT/309/97 and seeking the sum of N25,300,000.00 (Twenty-five million, three hundred thousand naira) only as damages for assault on the respondent by the appellant which the appellant allegedly committed on the 13th October, 1997. (This is evidenced at pages 1-4 of the record of appeal).

The particulars of damage claimed to have been suffered by the respondent were given as follows:

Particulars of Damage:

“(a) Loss of earning for the period of 15 days when the plaintiff could not do any work at N100,000.00 per day = N1,500,000.00

Medical expenses = (b) N800,000.00

(c) Shock, Pain, Mental Agony

and Suffering = N20,000,000.00

Total: = N22,300,000.00

Cost of Litigation = (d) N1,000,000.00

General Damages = (e) N3,000,000.00

An order of injunction restraining the defendant from further committing any act of assault o…

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