National Electric Power Authority V. Barrister Dan Uruakpa (2010)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
MOJEED A. OWOADE, J.C.A (Delivering the Leading Judgment)
This is an appeal against the Ruling of H. T. Saba, J., sitting at the Umuahia Judicial Division of the Federal High Court delivered on 6th day of April, 2006.
The respondent as plaintiff before the lower court issued a Writ of Summons dated 24/6/2004 and filed on 25/6/04 followed by the filing of statement of claim against the defendant/appellant claiming as follows:
“1. A declaration that the disconnection of the electricity supply to the plaintiffs premises at No. 64 Hospital Road, Aba, Abia State on Thursday the 25th day of March, 2004 when the plaintiff did not owe the defendant any Electricity Bill on his Account No.56/13/07/0657-01, Metre No, 840007889 based on the indebtedness of the defendant’s other 2 customers at No.64 Hospital Road, Aba, namely; Ekenna R. with Account No. 56/13/07/0059 and Onuagha S. C. Account No. 56/13/07/0068 (Metre Numbers not stated) is wrongful, illegal, null, void and of no effect.
- Five Million, Three hundred and three thousand, three hundred Naira (N5,303,300.00) being Special, Exemplary and/or Aggravated damages against the defendant for wrongful and illegal disconnection of the plaintiffs electricity supply at No. 64 Hospital Road, Aba, from 25th March, 2004 to 5th May, 2004, on the ground that other two tenants of the building were indebted to her when it was obvious that the plaintiff was not indebted to the defendant.
Particulars of Special Damages
(a) i. Cost of hiring Deutz Generator for 35 days from
26th March, 2004 to 5th May,2004 at N5,000.00 daily = N175,000
ii. Cost of buying Diesel Four(4) Drums at N10,500
per drum at N50 per litre, a drum contains 210 litres 42,000
iii. Refund of payment made on protest 52,000
iv. Transport for carrying Diesel 15,000
v. Cost of servicing of Generator 10,000
vi. Labour for carrying and mounting Generator 4,000
vii. Cost of posting letter to defendant 2,300
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