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TEXACO NIGERIA PLC & ANOR
V.
ILOKA

(2011) JELR 33893 (CA)

Court of Appeal 11 Jul 2011 Nigeria
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- This is an appeal against a judgment of the Benue State High Court awarding damages against the appellants in favor of the respondent. - The respondent entered into an agreement with the first appellant for dealership in petroleum product

Case Details

Suit Number:CA/J/110/2010
Judges:KUDIRAT M.O. KEKERE-EKUN JCA ALI ABUBAKAR BABANDI GUMEL JCA UCHECHUKWU ONYEMENAM JCA
Counsel:Dr. E.E.J. Okereke For the Appellant; MR. P.H. Ogbole, O.M. Ajonye Esq For the Respondent.


UCHECHUKWU ONYEMENAM, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Benue State High Court, sitting at Makurdi in suit No. MHC/96/92 delivered by E.O. Ogbole J. on the 18th day of August, 1998 awarding the total sum of ₦800,487.03 against the appellants jointly and severally in favour of the plaintiff/respondent made up of ₦710,487.03 being special damages and ₦90,000.00 being general damages.

By the statement of claim dated 16:12:92, at paragraph 28 the respondent sought Reliefs as follows:-

"Wherefore the plaintiff claims from the defendants jointly and severally the sum of ₦1,000,000.00 (One million naira) only made up as follows:-
Cost of 1st gen set ..... ₦181000.00
Cost of 2nd gen set .... ₦24,000.00
Cost Of repairing the gen set ........ ₦25,000.00
value of Tex Garden and Restaurant ........ ₦425,000.00
Value of petroleum paid for by the plaintiff but diverted
to another outlet instead of Code 0880......₦245,70.00
Erroneous deductions on …

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