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OKONKWO
V.
ONU & ORS.

(2013) JELR 53476 (CA)

Court of Appeal 8 Jul 2013 Nigeria
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Case Details

Suit Number:CA/A/516/2012
Judges:ABUBAKAR DATTI YAHAYA JCA MOORE A. A. ADUMEIN JCA TINUADE AKOMOLAFE-WILSON JCA
Counsel:M. J. Dangana Esq. (with him, Miss Linda Ohue) for the Appellant. J. A. Osan Esq. (with him, Mrs. G. Chinemere) for the Respondents.

AKOMOLAFE-WILSON JCA (Delivering the Lead Ruling): This is an appeal against the ruling of Honourable Justice Balami of the Federal High Court of the Federal Capital Territory, Gwagwalada, Abuja, delivered on 2April 2012.

The appellant, as plaintiff on 24 May 2011, instituted this action against the respondents, claiming the sum of N300,000,000.00 (three hundred million naira) damages, jointly and severally against the respondents for negligently and vicariously causing and/or aiding the sudden disappearance of her husband (now presumed dead) on 24 December 2008 at the Deeper Life Bible Church Crusade Ground, situate along Gwagwalada-Kuje Road, Gwagwalada, Abuja.

On 17 June 2011, the 1st and 2nd respondents filed a joint statement of defence with the 1st and 2nd defendants witnesses on oath respectively and later, on 17 October 2011, filed a preliminary objection, an affidavit in support along with a written address. Meanwhile, the appellant, on 21 November 2011, by a motion on notice …

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