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BADMUS & ANOR.
V.
ABEGUNDE

(1999) JELR 43656 (SC)

Supreme Court 9 Jul 1999 Nigeria
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Case Details

Suit Number:SC.219/1991
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Counsel:C. Uwensuyi-Edosomwan For Appellant R. A. Ogunwole, Esq. For Respondent
Other Citations:Badmus v. Abegunde (1999) 11 NWLR (Pt.627) 493

S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): This is an appeal against a judgment of the Court of Appeal, Ibadan Division, given on 8 December, 1988. The Judgment is being contested on a very narrow issue. The trial judge (J.D. Ogundere, J.) sitting at the High Court, Ibadan, gave judgment on 9 March, 1983 for the plaintiff for a total amount of N20,000.00 as special damages arising from the negligence of the defendants in causing damage to his shop and main building, together with some items of property therein although the learned trial judge thought the evidence led by the plaintiff to support the special damages claimed by him was at variance with what was pleaded, or was unsatisfactory. Upon an appeal by the defendants, the Court of Appeal found there was evidence to support only N3,000.00 special damages out of the said N20,000.00. That court then went on to hold, per the judgment of Ogwuegbu, J.C.A. (Concurred in by Omololu-Thomas J.C.A., but dissented from by Kutigi…

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