(1994) JELR 44660 (CA)    

Court of Appeal  ·  CA/B/2/90 ·  17 Jan 1994 ·  Nigeria
Other Citations
Bendel Pilgrims Welfare Board v. Irawo (1995) 1 NWLR (Pt. 369)
JOSEPH DIEKOLA OGUNDERE Justice of The Court of Appeal of Nigeria JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
control cards
statement of defence
learned trial chief judge
statement of claim
sum of n101,001.00
appellant of the respondent
briefs of arguments
evidence of p.w.1
pleadings of the respondent
said judgment
set aside
balance of debt
bank lodgment
benin city
cardinal principle of our law
civil case
claim of the plaintiff
daniel pender lawani
final judgment
following conclusions
high court of bendel state
important issues
important thing
impossible task
issue no.
judgment of oki
leading judgment
particular branch
part of the money
pendency of the case
pendency of this case
per cent
per karibi-whyte
respect of hajj operations
sufficient evidence
total cost of n138.200
trial court
trial of this action
tune of n163,277.00
unchallenged evidence of the appellant

JUSTIN THOMPSON AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal from a judgment of Oki, C.J. of the then High Court of Bendel State (but now Edo State) sitting in Benin City, in Suit No. B/181/83 delivered on 27th October, 1988, wherein he dismissed in its entirety the plaintiff's claim against the defendant for the sum of N101,001.00 being balance of debt owed the plaintiff by the defendant in respect of Hajj operations in 1977/1978. The plaintiff being dissatisfied with the said judgment has now appealed to this court.

At the trial court the claim of the plaintiff was worded as follows:-

Sometime in 1978 the plaintiff handed some control cards for pilgrims travelling to Saudi Arabia to the defendant in Benin-City within the jurisdiction of this Honourable Court. The control cards were to be sold at N691.00 per card or returned to the plaintiff. The defendant sold all the control cards, paid part of the money to the plaintiff and has since refused, neglected and …

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