(2003) JELR 44831 (CA)    

Court of Appeal  ·  CA/L/207/96 ·  17 Mar 2003 ·  Nigeria
Other Citations
Sosan v. H.F.P. Eng. (Nig.) Ltd. [2004]3 NWLR (Pt.861)546
Sosan v. H.F.P. Eng. (Nig.) Ltd. (2004) 3 NWLR (Pt. 861) 546
MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
land use act
exhibit b
general damages
supreme court
grounds of appeal
statement of claim
statement of defence
sub lease agreement
award of general damages
burden of proof
award of n250,000.00
high court
holder of statutory right of occupancy
instant case
respect of the premises
claims of the appellant
exhibits a
particulars of claim
plot 642b
prior consent of the governor of lagos state
record of appeal
virtue of sections
alausa-ikeja lagos state
applicable law
beach of contract
briefs of argument
call evidence
construction company
course of trial
cross examination exhibit f
decisions of the superior courts
direction appellant
exhibit band
following time table
holder of the statutory right of occupancy
lands registry
leading judgment
leave of the high court
leave of the high court appellant
legal officer
rules of lagos state respondent
said title
sub lease of the premises
sum of n1,000,000.00
trial appellant
victoria island lagos

MORONKEJI OMOTAYO ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiff now appellant in this judgment issued a writ against the defendant henceforth referred to in this judgment as respondent.

After service of the writ of summons on respondent, pleadings were delivered exchanged and amended. In accordance with the High Court (Civil Procedure) Rules of Lagos State respondent set up in her statement of defence a counter-claim which was also amended in the course of trial, to which appellant filed a reply. Upon completion of amended pleadings the case proceeded to trial.

Following the acceptable rule now regarded as elementary in Lahan v. Lajoyetan (1972) 6 SC 190, (1972) 1 All NLR (Pt. 2) page 217 that the particulars of claim pleaded in the statement of claim supersede the particulars of claim in the writ of summons. The claims of the appellant were as averred and pleaded in further amended statement of claim of 5 paragraphs hereby reproduced as follows from page 6 of the …

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