Nzube Anazodo V. Pazmeck Inter Trade, Nigeria & Anor (2007)

LawGlobal-Hub Lead Judgment Report

BADA, J.C.A.

This is an appeal against the judgment of Nnewi High Court in Anambra State of Nigeria delivered on the 27th day of July, 2004 in Suit No. HN/124/2001:

Pazmeek Inter-trade Nig. Ltd. and 1 other and Nzube Anazodo.

By paragraph 15 of the amended statement of claim, the plaintiffs now respondents sued the defendant now appellant for the sum of five million Naira being special and general damages caused to the plaintiffs by the wrongful act of the defendant.

In a considered judgment, the learned trial Judge held at pages 83 to 84 of the record thus……”

Most of items of special damages have been proved to the satisfaction of the Court, and I shall now proceed to enter judgment for the plaintiff:-

(a) Plaintiff is hereby awarded the sum of N700, 000.00 paid to the defendant for services not rendered less N 173, 000.00 import duty paid by the defendant thereby leaving a balance of N527, 000.00 to be refunded by the defendant.

(b) The court is not satisfied with the sum N340, 000.00 claimed as legal fee for the filing of suit in the Federal High court, Lagos. The court now reduces the legal fee to N 150,000.00

(c) N172, 050.00 being penalty for late clearance is awarded to plaintiff in full.

(d) Bank interest on the loan granted is hereby consigned to general damages.

(e) The sum of N132, 096.00 being the loss of 190 pieces of goods lost at N688.00 per piece is awarded the plaintiff in full.

(f) Ten trips to Abuja and accommodation for N156, 000.00 and N50, 000.00 for six trips to Lagos are hereby consigned to general damages.

The total amount of special damages is N981, 146.00 (nine hundred and eighty one thousand, one hundred and forty-six naira).

I award to the plaintiff the sum of N200, 000.00 (Two hundred thousand Naira) as general damages.