PORT HARCOURT CITY L.G.C.
V.
EKEOHA

(2007) JELR 57741 (CA)    

Court of Appeal  ·  CA/PH/325/2005 ·  12 Jul 2007 ·  Nigeria
CORAM
SULEIMAN GALADIMA JCA (Presided) MOHAMMED LAWAL GARBA JCA IBRAHIM M. MUSA SAULAWA JCA (Read the Lead Judgment)
Core Terms Beta
court
respondents
garnishee order
trial court
issue no.
learned trial judge
writ of summons
affidavit of service
grounds of appeal
lead judgment
limitation edict
local government law
virtue of section
general damages
issue
circumstances of this case
market stalls
law parties
lower court
plaintiffs’ claim
respondents’counsel
rivers state
sum of n65,000,000.00
above application
ample regard
appellant counsel
close of hearing of the case
commencement of trial of the suit
common knowledge
following orders
humble view
isno order
issue of competence of the action
judgment of this court
judgment of this honourable court givenon
local government law no.
notice of appeal
plaintiffs’ action
present appellant
relevant processes
reserved judgment
respective briefs of argument
return date
return of the service
rivers state law
said rivers state
set aside
total value
trial court’s registry

SAULAWA JCA (Delivering the Lead Judgment): On 19 March 2002, the four respondents filed in the court below a writ of summons with a statement of claimagainst the present appellant,seeking the following reliefs: “22. Wherefor the plaintiffs’ claim against the defendant is for the sum of N65,000,000.00 (sixty five million naira) representing special and general damages, the defendant having destroyed the 72 market stalls built by the plaintiffs in breach of the contract agreement between the plaintiffs and the defendant. Special damages 1. The sum specially received by the defendant on 27/8/98 as regards the 72 stalls in issue herein - N8,800,000.00 The sum specially received by the defendant on 10/10/2000 as regards the 72 stalls in issue - N1,500,000.00 The sum paid to the defendant before the permission to build - N250,000.00 The sum expended for clearing of the gutters and debris - N315,000.00 A The sum paid to community boys/youths before being allowed to build - N100,000.00 T…

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