(2000) JELR 44085 (CA)    

Court of Appeal  ·  CA/B/252/98 ·  13 Apr 2000 ·  Nigeria
Other Citations
Guinness (Nig.) Plc. v. Nwoke (2000) 15 NWLR (Pt.689) 135
Guinness (Nig.) Plc. v. Nwoke (2000) 15 NWLR (Pt. 689) 135
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
evidence act
learned counsel
amended statement of claim
learned trial judge
record of appeal
exhibits en11
statement of defence
trial court
civil proceedings
crucial question
loss of earnings
value of the chattel
act of recklessness
issue no.1
leading judgment
above claim
breach of contract
civil remedy
consequential damages
criminal charge of conspiracy
cross-appellant proved special damages
evidential value of exhibits en11
following issues
general damages
high court
paragraphs of the amended statement of claim
particulars of damages
plaintiff claims
rate of n681,326.36
reasonable doubt
standard of proof
sum of n852,470.70
supply of the said products
total special damages
trial judge
use of vehicle
weight of evidence

IBIYEYE, J.C.A. (Delivering the Leading Judgment): The appeal and cross-appeal in this matter arose from the decision of Omage, J., (as he then was) erroneously reflected in the record of appeal to have been delivered on 26th February, 1996 instead of 26th February, 1998 at the High Court, Benin City.

The plaintiff now the respondent/cross-appellant filed a Writ of Summons dated 5th of July, 1996 against the defendant now appellant/cross-respondent seeking a number of reliefs. These reliefs which are reflected in paragraph 23 of the amended statement of claim dated 29th of February, 1997 reads:

"23. WHEREOF, the plaintiff claims from the defendant as follows:

(a) A declaration that the detention by the defendant of 2168 cartons of Malta Guinness and 159 crates of Satzenbrau paid for by the plaintiff is illegal and an act of recklessness.

(b) A declaration that the detention of the plaintiff's vehicles referred to in paragraph 4 above by the defendant without releasing same to the pla…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login