(1998) JELR 45599 (CA)    

Court of Appeal  ·  CA/A/161/94 ·  23 Jul 1998 ·  Nigeria
Other Citations
Transkomplet (Nig.) Ltd. v. Galadima (1999) 3 NWLR (Pt. 596) 631
UMARU ATU KALGO Justice of The Court of Appeal of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
grounds of appeal
special damages
general damages
appellate court
trial court
particulars of error
statement of claim
blasting of rocks
issue number
notice of appeal
above judgment
amended statement of defence
attorney-general bendel state
basis of the award of damages
claims of the plaintiff
damaged properties
defendant appellant
determination of quantum of damages
escape of rock pellets
fair hearing
following cases
following grounds of appeal
general damages n3,695,000.00
general damages plaintiff claims n3.6
leading judgment
lower court
main house
order of this court
plaintiff claims
plaintiff evidence
reserved judgment
respective briefs
respective case
respective particulars
submission of counsel
technical report
view of the arguments
writ of summons damages
wrong principles of law

MUNTAKA-COOMASSIE, J .C.A. (Delivering the Leading Judgment): The action leading to this appeal was commenced at the High Court of the Federal Capital Territory Abuja hereinafter called trial court. There the plaintiff, herein respondent, claiming as per writ of summons damages against the defendant, now appellant, in the sum of N1,995,000.00 (one million, nine hundred and ninety five thousand naira) as special and general damages arising from the escape of rock pellets through blasting by the appellant. The said respondent's house was located at Asokoro Residential District. The defendant was a civil construction engineering firm awarded the contract by the Federal Government of Nigeria to construct the access roads within the Asokoro District, Abuja, The construction of the said roads involved the blasting of rocks to make way for the access ways. It was in the cause of blasting of rocks within the vicinity where the plaintiff's house was located that the cause or action arose.


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