EHIMEN
V.
BENIN ELECTRICITY DISTRIBUTION CO. PLC

(2016) JELR 45851 (CA)    

Court of Appeal  ·  CA/B/98/2006 ·  11 Jul 2016 ·  Nigeria
CORAM
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
respondent
nwlr part
learned counsel
learned trial judge
duty of care
issue no.
lower court
reasonable doubt
issues
following cases
record of appeal
judgment of the lower court
behalf of the appellant
determination of the appeal
national electric power authority
ring main unit
electricity supply regulations
emegokwue vs okadigbo
evidence of dw2
falomo vs onakanmi
klifco nig ltd vs n.s.i.t.f.m.b.
material time
nlr page
pages
plaintiffs claim
provisions of order
respondents pleadings
trial court
a.i.c. ltd vs w.n.p.c
amended appellants brief of argument
appellants claim
consumer of premises
duty of counsel
electrical installation regulation
electricity act cap e7 vol.
facts of the case
general damages
leading judgment
legal basis
own case
paragraphs c e
plaintiff fails
reframed appellants issue no.
result of the negligence of the defendant
said respondents issue
statement of claim
statement of defence paragraphs
suit no. fhc

JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court Benin Division in Suit No. FHC/B/CS/47/98 SOLOMON EHIMARE EHIMEN AND NATIONAL ELECTRIC POWER AUTHORITY, delivered on the 7th day of April 2004 wherein the Plaintiffs claim for the sum of (N19,882,006.00) nineteen million, eight hundred and eight two thousand and six Naira Special and General Damages against the Respondent was dismissed.

Briefly, the facts of the case are that by Paragraph 15 of the Plaintiffs amended statement of claim, the Plaintiff claims against the Defendant the sum on (N19,882,006.00) nineteen million, eight hundred and eighty-two thousand and six Naira being General and Special Damages suffered by the Plaintiff as a result of the negligence of the Defendant and the sum of N10,000.00 every month until the final determination of the substantive suit.

At the trial, the Appellant testified in proof of his claim and called two witnesses. The Re…

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