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MOHAMMED
V.
KATYEN & ANOR

(2013) JELR 35785 (CA)

Court of Appeal 6 May 2013 Nigeria
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Case Details

Suit Number:CA/J/159/2011
Judges:RAPHAEL CHIKWE AGBO JCA IBRAHIM SHATA BDLIYA JCA PETER OLABISI IGE JCA
Counsel:F.O. Shaibu with him S.A. Tafida, Bola Akor and G.M. Kawam For the Appellant; A.A. Adewole with him N.O. Adewole (Mrs.) and E.E. Duniya For the Respondent.

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): Both the appellant and respondents were resident in the same compound in Jos. Their relationship was, to put it mildly, hostile. On 11th February, 2011 the parties were involved in a melee. The Respondents were charged before the Hwolshe Area Court and convicted of assault. The appellant then proceeded to the High Court of Plateau State and claimed against the respondents jointly and severally in paragraph 16 of her statement of claim:-

"(1) N2.0 Million Naira general damages for assault and battery.

(2) N1,010.00 being special damages for the cost of treatment received as a result beating received from the defendants.

(3) Cost of this action."

Pleadings were exchanged by the parties and the case went to trial.

In her considered judgment the trial judge found that the Respondents did indeed batter the appellant but on the issue of damages adjudged as follows:-

"..I say plaintiff in the case at hand caused or foisted upon …

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