MUNTAKA-COOMASSIE, JCA (Delivering the lead Judgment): This is an appeal from the judgment of the High Court of Justice, Abuja, coram Kusherki J. delivered on 15th day of October, 1998. The case is in respect of a dispute as to the purchase of a land situated at Garki Village Abuja within the Federal Capital Territory Abuja.
The respondents herein, who were the plaintiffs at the trial court, took out a writ of summons to commence this action. The reliefs eventually sought against the defendants in the statement of claim were for:- A SPECIAL DAMAGES
Cost of the land N670,000.00
Cost of clearing and excavation N25,000.00 Agency fee/commission paid to the first defendant N30,000.00 Cost of preparing and getting the building plan approved N25,000.00 TOTAL = N750.000.00
=========
GENERAL DAMAGES N250,000.00
And the plaintiffs claim the sum of One Million naira (N1m) being special and general damages for money had and received and total failure of consideration.
The defendants, who are now t…