(2018) JELR 39041 (CA)    

Court of Appeal  ·  CA/L/410/2011 ·  2 Mar 2018 ·  Nigeria
YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria BIOBELE ABRAHAM GEORGEWILL Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
record of appeal
appellate court
incomplete record
notice of appeal
judgment of the lower court
grounds of appeal
1st objection
civil procedure
difficult decision
expert witness
incomplete record of appeal
legal document
lower court
missing part of the record
notice of preliminary objection
omissions of the presidential task force
relevant documents
anor v. abubakar
brief facts
circumstances of this case
dunlop nigeria plc
favour of the respondent
federal high court
following cases
following documents
hearing of this appeal
interlocutory decision
issue of incomplete record
judgment of the lagos state high court
jurisdiction of the lagos sate high court
leading judgment
legal practitioners
notice of appeal date
obvious implications of an incomplete record of appeal
part of the respondent
per nwodo
preliminary objection notice
record of the testimonies of the claimant
shell petroleum development corporation of nig
take notice
tijani v. akinwunmi
view of the provisions of the s.251
wrongful sale of the respondent

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court delivered on the 15/10/2010 by HON. JUSTICE TAIWO, J wherein the Court below entered judgment in favour of the Respondent.

By a writ of summons and statement of claim sealed on the 26/4/2000, the Respondent claimed against the Appellant as follows:

"i. The sum of N20 Million being damages for the wrongful detention of the Plaintiff and the wrongful and negligent sale of the Plaintiff (sic) shares with the intentions to permanently denying him of the said shares.

ii. Any other costs this Honourable (sic) may deem fit to make in the circumstances of this case."

The Appellant filed a defence and denied liability. With issues joined, the matter proceeded to trial with each side calling 2 witnesses each, after which the Court entered judgment for the Respondent and awarded the sum of N5million as damages to the Claimant and cost of N50,000.00 as cost to the Claim…

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