(2011) JELR 46033 (CA)    

Court of Appeal  ·  CA/C/65/2010 ·  17 Jun 2011 ·  Nigeria
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
trial court
learned trial judge
learned counsel
5th defendant
statement of claim
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)…

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