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IDISE & ORS
V.
WILLIAMS INTERNATIONAL LTD

(1995) JELR 43465 (SC)

Supreme Court 13 Jan 1995 Nigeria
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Case Details

Suit Number:SC.202/1992
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria
Counsel:Chief B.B.E. Idigbe For Appellant Dr. Mudiaga Odje SAN (with him, Toyin Keshinro) For Respondent
Other Citations:Idise v. Williams (1995) 1 NWLR (Pt.370) 142 (1995) 1 SCNJ 120

WALI J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, Benin division in which it set aside the judgment of Ughelli High Court presided over by Omo-Agege J, (as he then was) striking out the plaintiffs' (now appellants') claim for incompetence on ground that the plaintiffs could not in law sue in a representative capacity.

In the trial court, the six plaintiffs (jointly for themselves and on behalf of Owevwen Community Agbarha) sued the defendant claiming the sum of N500,000.00 as general damages for negligence resulting in damaging the only road leading from Owevwen village to Ughelli - Agbarha Otor Road, rendering it impassable to vehicular as well as pedestrian traffic.

The claims were denied by the defendant. On the order of the trial court, the parties filed and exchanged pleadings.

The particulars of negligence and the damages suffered as a result thereof are contained in the following paragraphs of the Statement of Claim:-

"9.…

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