NDIBE & ORS.
V.
NDIBE

(2008) JELR 33035 (CA)

Court of Appeal 10 Jun 2008 Nigeria
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- This case is an appeal against a decision of the Anambra State High Court in favor of the respondent. - The respondent had claimed damages for assault and battery against the appellants. - The trial court awarded the respondent N300,000 i

Case Details

Suit Number:CA/E/165/2007
Judges:VICTOR AIMEPOMO O. OMAGE Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria
Counsel:Chief O.B. Onyali, SAN with A. Onwalu, Esq For Appellant Mr. V.U. Ugwu, for the respondent holding the brief of C.O.Z. Obiekwe Esq. For Respondent

OLUKAYODE ARIWOOLA, JCA (Delivering the Leading Judgment): The appeal in this case is against the decision of the Anambra State High Court presided over by the Honourable Justice E.U. Uzodike. The judgment appealed against was delivered on 25th October, 2006 in favour of the Respondent but against the appellants.

At the Court below, the Plaintiff, hereinafter referred to as the Respondent had claimed as per his amended Statement of claim dated 16th March, 1992 as follows:-

"Wherefore the Plaintiff claim against the Defendants jointly and severally the sum of N2, 000,000.00 (two million Naira only) as damage (sic) for assault and battery on the Plaintiff."

In his judgment the trial Judge awarded the sum of N300.000.00 against the appellants jointly and severally in favour of the Respondent, according to the trial Court, "for the injury sustained on his right ear."

Dissatisfied with the said judgment, the Appellants filed a Notice of Appeal dated 1st November, 2006 containing three grou…

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