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YAHAYA
V.
CHUKWURA

(2001) JELR 52599 (CA)

Court of Appeal 11 Apr 2001 Nigeria
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- This is an appeal from a judgment in a case where the plaintiff was awarded general damages after his claim for special damages was dismissed. - The appellant felt aggrieved by the award of general damages after the main claim failed and

Case Details

Suit Number:CA/J/98/97 .
Judges:DALHATU ADAMU, JCA (Presided) OLUDADE OLADAPO OBADINA, JCA ISA ABUBAKAR MANGAJI, JCA (Read the Lead Judgment)
Counsel:N. A. Dammo, Esq. - for the Appellant -*- N. N. Udeozo, Esq. - for the Respondent .

MANGAJI, JCA (Delivering the Lead Judgment): This is an appeal from the judgment of S. O. Adagun J., sitting in the Biu Judicial Division of Borno State in suit No. BU/18/89 dated 31/10/91, wherein the respondent herein, as plaintiff in the court below, was awarded ₦15,000.00 (Fifteen Thousand Naira) general damages after his claim for special damages had been dismissed. As a passing remark, Adagun J. had transferred his services from the Borno State Judiciary to the Lagos State Judiciary shortly after he had delivered this judgment now on appeal. Indeed, he had voluntarily retired from the High Court Bench after having reached the statutory age of sixty-five years.

Naturally, the appellant felt aggrieved with the award made by the court below of general damages after the main claim had failed. On 5/1/92, therefore, the appellant filed, through his counsel, a notice and grounds of appeal containing one ground of appeal. Much later on 15/5/2000 and upon an application filed on 17/2/2…

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