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EZURUIKE
V.
7UP BOTTLING CO. PLC

(2018) JELR 39063 (CA)

Court of Appeal 2 May 2018 Nigeria
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Case Details

Suit Number:CA/PH/386/2014
Judges:ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Counsel:Chikezie Adiele, Esq. For Appellant M. O. Georgewill, Esq. with him, O. A. Solagbade, Esq. and U. I. Nwamimi, Esq. For Respondent

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of Hon. Justice S. C. Amadi, J. of the High Court of Rivers State (hereinafter to be known as the trial/lower Court), Holden at Port Harcourt, delivered on 31st January, 2014 in suit No. PHC/1721/1998.

FACTUAL STATEMENTS

The plaintiff at the lower Court vide his Writ of Summons issued 30th November, 1998 and his Further, Further Amended Statement of Claim filed 21st June, 2013 had sought as follows particularly at paragraph 10 thereof against the defendant:

10. Wherefore the plaintiff claims from the defendant special and general damages as follows:

a. SPECIAL DAMAGES

i. Loss of daily income from 20th day of August, 1998 to 31st January, 1999 at the rate of N50,000.00 per day = N7,500,000.00.

ii. Hospital bill including costs of drugs tests and x-ray = N250,000.00.

iii. Cost of drugs stores outside the Hospital = N400,000.00

Sub Total = N8,150,000.00. (See page 140 of the record of appeal)…

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