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EJOWHOMU
V.
EDOK-ETER MANDILAS LTD

(1986) JELR 46556 (SC)

Supreme Court 26 Sep 1986 Nigeria
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- The plaintiff, owner of Puejo-Edaff Poultry Farm, brought an action in the High Court seeking N176,886.45 in special and general damages against the defendant construction company, alleging that the defendant’s public works (demolition of

Case Details

Suit Number:SC.205/1985
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
Counsel:Dr. Mudiaga Odje, S.A.N., with him A. L. Keshinro For Appellant Mr. F. Azeta For Respondent
Other Citations:Ejowhomu v. Edok-Eter Ltd. (1986) NWLR (Pt.39) 1

KARIBI-WHYTE, JSC (Delivering the Leading Judgment): The main issue involved in this appeal concerns the question whether the Court of Appeal was entitled to consider and indeed determine the appeal on an issue not before it. The determination of this appeal rests entirely on the answer to this question.

Appellant, the Plaintiff in the High Court, Benin City brought an action claiming against the Respondents as defendants as follows:

"... the sum of N176,RR6.45 (One hundred and seventy six thousand, eight hundred and eighty six naira, forty five kobo) being special and general damages peculiar to the Plaintiff and suffered by him in his peculiar circumstance as the owner of Puejo-Edaff Poultry farm resulting from the nuisance and/or unlawful damage caused by the defendant in that during the substantial part of the month of July 1982, the defendant deliberately, wrongfully and/or negligently damaged and/or rendered impassable to vehicular the Kokori Inland to Oko Idgerhe section of th…

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