ETIM
V.
CLASEN VENTURES & ORS.

(2011) JELR 46033 (CA)

Court of Appeal · CA/C/65/2010 · 17 Jun 2011 · Nigeria

CORAM

KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

plaintiff

respondents

defendants

evidence

trial court

case

learned trial judge

learned counsel

5th defendant

statement of claim

issues

appellate court

grounds of appeal

reply brief

statement of defence

burden of proof

leave of the trial court

sole issue

allegation of crime

haulage tax

lead judgment

position of the law

respective pleadings

unproven case of conviction

5th respondents

above stated position

appellants claim

brief of argument

court processes

defendants n20,000,000.00

determination of this appeal

documentary evidence

final note

first defendant

haulage tax collection contract

high court of cross river state

institution of the instant action

leading judgment

lower court

name of the 1st respondent

names of the remaining defendants

notice of appeal

numbers of days counsel travels

plaintiff claims

platform of the said pleadings

salient facts of the case

state government

then plaintiff

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): The appellant herein as plaintiff, instituted an action against six defendants before the High Court of Cross River State, Akamkpa Judicial Division, in Suit No. HK/1/2005, vide his writ of summons and statement of claim which he filed on 4th January, 2005. In the course of hearing the matter, the then first defendant died and on 15th December, 2006, his name was struck out from the suit. The trial court then ordered that the names of the remaining defendants be re - numbered serially from 1st - 5th, to reflect the unfortunate but changed situation.

At the lower court, the then plaintiff claimed in his amended statement of claim, filed or 14th March, 2007 with leave of the trial court sought and granted on 19th February, 2007 as follows:

"WHEREOF the Plaintiff claims from the Defendants N20,000,000.00 (Twenty Million Naira) General Damages and Special Damages as follows:

i. Four Hundred Thousand Naira (N400,000.00)…

ETIM V. CLASEN VENTURES & ORS.

ETIM
V.
CLASEN VENTURES & ORS.