(1998) JELR 45680 (CA)    

Court of Appeal  ·  CA/A/40/M/96 ·  25 Jun 1998 ·  Nigeria
Other Citations
Nebo v. FCDA (1998) 1 NWLR (Pt.574)
Nebo v. FCDA (1998) 11 NWLR (Pt. 574) 480
UMARU ATU KALGO Justice of The Court of Appeal of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
evidence of d.w.1
lower court
cogent reasons
cogent reason
new issues
close of the case
high court of the federal capital territory
leading judgment
orders of the lower court
alleged sketch map of the incident
amended notice of appeal
appeal fails
better position
briefs of argument
close of the plaintiffs case
cognate paragraphs of the affidavit
conclusion of the hearing of oral evidence
exchange of pleadings
following facts
following issues
joint statement of defence
judgment of the high court of federal capital territory
leave of the lower court
leave of this court
map of the incident
motor-cycle no. ng
own behalf
plaintiff tender
rules of this court
said affidavit
said judgment
statement of defence amount
such evidence
support of that application
support of this proposition
tendering of the sketch-map
tendering of the sketch-map of the scene
vehicle inspection officer
view of this position

EJIWUNMI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Federal Capital Territory holden at Abuja, presided over by Gunmi J. in suit No. FCT/HC/236/94. In that suit the plaintiff commenced this action against the respondents for negligence and damages in the sum of N1, 121,978.84. Following the order for pleadings the matter went to trial following the exchange of pleadings.

At the trial, the plaintiff gave evidence in his own behalf and did not call any other witness. The defendants who had filed a joint statement of defence against the action called two witnesses in their defence. At the conclusion of the hearing of oral evidence of the parties, the plaintiff sought the leave of the lower court to amend his pleadings. The aim of the amendment was to allow the plaintiff to tender the alleged sketch map of the incident, and also certain receipts which the plaintiff claimed he received following various payments he made for the treat…

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