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(2018) JELR 38823 (CA)

Court of Appeal 11 Jul 2018 Nigeria
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- This case is an appeal against the ruling of the Abia State High Court in a negligence suit. - The defendant challenged the jurisdiction of the court to hear the suit, but the challenge was dismissed. - The plaintiff sought damages for th

Case Details

Suit Number:CA/OW/201/2013
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Counsel:PATRICK AKUBULE; ESQ. For Appellant Not Represented For Respondent

ITA G. MBABA, JCA  (DELIVERING THE LEADING JUDGMENT): This appeal is against the Ruling of Abia State High Court in Suit No. HOS/95/2008, delivered on 1st November, 2012 by Hon. Justice N.C. Otti, wherein the Learned Trial Court dismissed the challenge to its jurisdiction to entertain the Suit, raised by the Defendant, now Appellant.

At the trial Court, the Respondent (who was the Claimant at the said trial Court) had sought the following reliefs in the Writ of Summons, issued on 11/8/2008, but filed on 27/7/2008:

(1) The sum of ₦2,212,318.31 (Two Million Two Hundred and Twelve Thousand Three Hundred and Eighteen Naira, Thirty One Kobo), being the value of the Plaintiffs 65 Bales of Sisal Fibre, discovered at the Plaintiffs warehouse at No. 260 Aba Owerri Road, Aba in the Osisioma Ngwa LGA, Abia State, to be (sic) irretrievably damaged as a result of the Defendants defective containers in which the Plaintiffs said goods were shipped.

(2) The sum of ₦5,000,000.00 (Five Million Naira) only…

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