(2018) JELR 46300 (CA)    

Court of Appeal  ·  CA/E/395/2009 ·  14 Feb 2018 ·  Nigeria
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
general damages
learned trial judge
value of the car
trial court
counter claim
reply brief
amended statement of claim
credible evidence
counter claim of the defendant
evidence act
grounds of appeal
issue no.1
issue no.2
particulars of the special damages
statement of defence
trial judge
admissions of breach of contract
appellants counsel
basic principle
cases of abacha v. ekespiff
christenreply brief of the appellant
close of the plaintiffs case
cross examination of pw2
defendants counter claim
established principles
evidence of the respondent
exchange of pleadings
favour of the plaintiff
final address of defence counsel
frederick oziakpono oho
issue of admissions of breach
issue of failure of the plaintiff
judgment of the high court of anambra state
judgment of the honourable court
leading judgment
lead judgment
notice of appeal
orhue v. nepa
particulars of special damages of the n600
particulars of the special damages of the n600
pleadings of the respondents
prove of his counter claim
second opportunity
special damages of n600,000
sum of n800,000.00
supreme court
total disregard of the trite principle

MUHAMMED LAWAL SHUAIBU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State sitting at Awka delivered on 29/06/2009 wherein judgment was entered in favour of the plaintiff and dismissing the counter claim of the defendant therein.

Upon being served with the originating summons, the Defendant filed a statement of defence with a counter claim. After settlement and exchange of pleadings, the case proceeded to trial in which the plaintiff called six witnesses and tendered exhibits A F respectively. At the close of the plaintiffs case, the Defendant called no witness but rested his case on that of the plaintiff. In a reserved and considered judgment delivered on 29/6/2009, learned trial judge entered judgment for the plaintiff in the sum of N800,000.00 representing special and general damages and dismissing the Defendants counter claim.

Dissatisfied, the appellant appealed to this Court via a notice of appeal filed on 15/7/2009 c…

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