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(2024) JELR 112761 (CA)

Court of Appeal 30 Apr 2024 Nigeria
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- This is an appeal against a ruling of the high court of Lagos State in a case involving a claim for damages to property. - The trial court found in favor of the plaintiff and awarded damages. - The plaintiff initiated Garnishee proceeding

Case Details

Suit Number:CA/L/534/2014
Judges:MONICA BOLNA’AN DONGBAN-MENSEM PCA JAMES GAMBO ABUNDAGA JCA ABUBAKAR MAHMUD TALBA JCA
Counsel:J. K. Aworinde for the Appellant. A. M. Dawodu for the 1st Respondent. 2nd Respondent is not represented even though he was duly served with hearing notice.
Location:Lagos

JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgment):  This is an appeal against the ruling of high court of Lagos State in suit No. LD/3337/97 delivered on 20th March, 2014 by Hon. Justice O. A. Ogala. Dissatisfied with the ruling in which the lower court declined to hear the application of the Appellant who was then applicant, the Applicant appealed to this court by filing a notice of appeal on 2nd April, 2014.

Background Facts

The appellant as plaintiff instituted suit No. LD/3337/97 against the 1st Respondent who was defendant, vide a writ of summons and statement of claim. In the claim the plaintiff claimed special and general damages for damage done to its property situate at No. 40, Warehouse Road, Apapa Lagos. The trial court delivered its judgment on 19th December, 2013 and found for the plaintiff in the sum of N25million damages against the defendant who is Respondent herein. In the bid to realize the judgment debt, the plaintiff initiated Garnishee proceedings by filin…

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