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NDPHC, NIPP
V.
HULA

(2021) JELR 109554 (CA)

Court of Appeal 11 May 2021 Nigeria
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- The appeal is against a judgment of the High Court of Benue State where the plaintiff/respondent was awarded N13,670,000.00 as special damages. - The appellant argues that the trial judge erred in law in various aspects, including the cap

Case Details

Suit Number:CA/MK/223/2018
Judges:Ignatius Igwe Agube, JCA Cordelia Ifeoma Jombo-Ofo, JCA Yargata Byenchit Nimpar, JCA
Counsel:Amua Olatunde, Esq. with him, Isaac Nongu, Esq. For the Appellant; M.D. Awule, Esq. For the Respondent.

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Benue State, Holden at Makurdi and delivered per His Lordship, Hon. Justice M. A. IKPAMBESE on the 28th day of June, 2018, whereof the Plaintiff/Respondent was awarded the sum of Thirteen Million, Six Hundred and Seventy Thousand Naira (N13,670,000.00) only as special damages.

Dissatisfied with the Judgment, the Appellant invoked the jurisdiction of this Court by filing a Notice of Appeal predicated on Eight (8) Grounds hereunder reproduced without their respective particulars:

“GROUNDS OF APPEAL

GROUND ONE:

The learned Trial Judge erred in law when he held that the Plaintiff had capacity to institute this case as he did when the Plaintiff were not members of the same family and have their different houses and it is competent and this has occasioned substantial miscarriage of justice.

GROUND TWO:

The learned Trial Judge misdirected himself in law when he held thus:

​“On the…

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