HEALTH CARE PRODUCTS (NIG.) LTD.
V.
BAZZA

(2002) JELR 50989 (CA)    

Court of Appeal  ·  CA/J/59/2000 ·  9 Dec 2002 ·  Nigeria
 · 
Other Citations
Health Care Prod. (Nig.) Ltd. v. Bazza (2004) 3 NWLR (Pt. 861) 582
CORAM
ALOMA MARIAM MUKHTAR, JCA (Presided) AMIRU SANUSI, JCA (Read the Lead Judgment) IFEYINWA CECILIA NZEAKO, JCA
Core Terms Beta
plaintiff
respondent
1st defendant
statement of claim
issues
special damages
2nd defendant
trial judge
writ of summons
independent contractor
learned trial judge
learned counsel
lower court
statement of defence
amended writ
defendant
amended processes
fundamental differences
total special damages
appellant’s submission
cost of vehicle
direct evidence
further submission
original writ of summons
plaintiff of the scrap vehicle
plaintiff’s vehicle
said suit
agent of the appellant
a judge
amended claim
amendment of the original writ of summons
appellant inthis court
clear indication
date of the claim
documentary evidence
given result
judgment of plateau state high court
lead judgment
name of rasaki lasisi
plaintiff claims
proof of evidence
proper amended writ of summons
proposed amended writ
said writ of summons
sets of issues
such claims
trial of the suit
underlisted claims
view of the totality of evidence

SANUSI, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Plateau State High Court delivered on 31/5/99 by Dakyen, J in suit No. PLD/J/296/94. The respondent in this appeal was the plaintiff at the lower court while the appellant was the defendant. The original writ of summons was filed in the said suit by the plaintiff/respondent in this appeal on 9/6/94 along with the statement of claim. In the said writ of summons, the respondent made the underlisted claims at the lower court:

Special damages

(i) Estimated cost of vehicle 504 Pick-up registration No.

PL 7728 JD destroyed. N600,000.00k (six hundred thousand naira only).

(ii) Cost of medication, treatment received by the people injured in the plaintiff’s vehicle during the accident-

N4,000.00k (four thousand naira only. ) Touring expenses paid by the plaintiff of the scrap vehicle 504 PL 7728 JD - N300.00k (three hundred naira only).

Loss of income and daily earnings from 504 vehicle registration No. PL 7728…

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