(2007) JELR 45731 (CA)    

Court of Appeal  ·  CA/L/123M/05 ·  24 Jul 2007 ·  Nigeria
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
court of appeal rules
learned trial judge
circumstances of the case
fair hearing
functus officio
trial court
absence of the appellant
adzira gana mshelia
appellant trial
briefs of argument
change of counsel
competency of the brief of argument
date 10th december
file defence
grounds of appeal appellant
instance of plaintiff
judgment of adebiyi j.
lagos judicial division of the high court
leading judgment
lower court
notice of appeal
paul adamu galinje
raphael chikwe agbo
record of appeal
respect of an issue
respect of the ruling of 10th december
series of adjournments
statement of claim
style solde engineering works
sum of n1,355,000.00
supreme court
trite law
true copy of the courts proceedings

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the Plaintiff/Appellant against the judgment of Adebiyi J. sitting at the Lagos Judicial Division of the High Court delivered on the 29th day of April, 2004.

The appellant was the plaintiff in the lower court while the respondents were the defendants/counter-claimants. Appellant claimed against the defendant as per his statement of claim at page 5 of the record of appeal as follows:-

(i). The sum of N1,355,000.00 as special damages.

(ii). The sum of N200,000.00 as general damages.

Defendant on the other hand filed defence and counter-claimed as follows:-

"WHEREUPON the defendants counter-claim the sum of N703,000.00 being money had and received by the plaintiff with interest at 21% till final payment of the said sum."

I find it necessary to briefly highlight the events that too place before the trial court. The suit was initially struck out on for want of prosecution. On 2nd December 2002 the trial cou…

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