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(2004) JELR 54397 (CA)

Court of Appeal 13 Apr 2004 Nigeria
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- The case involves a plaintiff suing the defendant for damages resulting from a fire incident that destroyed the plaintiff's tanker. - The trial court found the defendant negligent and awarded the plaintiff damages and loss of earnings. -

Case Details

Suit Number:CA/J/281/2000
Judges:ALOMA MARIAM MUKHTAR, JCA (Presided) AMIRU SANUSI, JCA (Read the Lead Judgment) IKECHI FRANCIS OGBUAGU, JCA
Counsel:Adetunji Oyeyipo (with him, Rotimi Oguneso) - for the Appellant . G -*- Charles Obishai - for the -*- Respondent .

SANUSI, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Plateau State High Court of Justice delivered on 28/4/2000 by Uloko, the learned Chief Judge of Plateau State, in suit No. PLD/J/190/98. At the lower court, the respondent in this appeal, was the plaintiff while the appellant was the defendant.

The claims made by the plaintiff/respondent against the defendant/ appellant as adumbrated in the concluding part of the statement of claim are as follows:

“Whereof the plaintiff claims against the defendant the sum of N5,000,000.00 (five million naira) only made up as follows:

The market value of the tanker is N3,500,000 (three million, five hundred thousand naira) only. The extra tyre N34,000.00 (thirty-four thousand naira) only.

Trailer jack N6,000.00 (six thousand naira only).

Hose N30,000.00 (thirty thousand naira) only.

(e) Loss of earnings from 10th January, 1998 to 31st March, 1998 at the rate of N9,672.30k for 80 days given a total of N773,784.00 (seven h…

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