IBRAHIM
V.
TRACLEASE LTD. & ANOR

(2007) JELR 45731 (CA)

Court of Appeal · CA/L/123M/05 · 24 Jul 2007 · Nigeria

CORAM

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

issues

appeal

appellant

grounds of appeal

law

plaintiff

order

court of appeal rules

defendants

learned trial judge

respondents

counter-claim

circumstances of the case

counter-claimants

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…

IBRAHIM V. TRACLEASE LTD. & ANOR

IBRAHIM
V.
TRACLEASE LTD. & ANOR