(2006) JELR 45859 (CA)    

Court of Appeal  ·  CA/PH/112/2003 ·  30 Nov 2006 ·  Nigeria
VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
absence of the appellants
hearing notice
trial judge
fresh hearing notice
lower court
judgment of the trial court
principles of law
trial court
absence of the defendants
circumstances of this case
hearing of the suit
proof of service of hearing notice
record of appeal
failure of the learned trial judge
notice of appeal
service of process
above quotations
additional ground of appeal
auto import v. adetayo
conclusive proof
considered opinion
fair hearing
judgment of the federal high court
leading judgment
n10,000.00 costs
necessary competence of jurisdiction
okereke v. nwanko
order of service of hearing notice
plateau state v
proceedings of the trial court
reasonable courts of record
remaining issues
said issue
single issue
specific order
suit no. fhc
trite law

ISTIFANUS THOMAS, J.C.A (Delivered the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Port Harcourt in suit No. FHC/PH/126/95 delivered on 30th November 1999. The lower court's decision was against the appellants in which the plaintiff/Respondent had claimed severally and jointly against the defendants/appellants, special damages and loss of profit as a result of the failure to deliver an overseas postal parcel under contract Exhibit 1. Dissatisfied with the decision, appellants appealed to this court and they were granted leave to raise and argue points not raised and argued in the lower court. The appellants were also granted by this Court to amend their notice of appeal and to file and argue one additional ground of appeal. From the amended and additional grounds of appeal totaling 9 grounds of appeal the appellants have their brief from which they distilled and formulated six (6) issues that read as follows:

"1. Whether the failure of the lear…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login