Dozzy Group Of Companies Limited V. MR. L. N. Okeke (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A.(Delivering the Leading Judgment)

The appellant herein as the plaintiff in suit No. O/836/99 instituted at the Onitsha Judicial Division of the Anambra State High Court claimed against the respondent as the defendant the following reliefs:

a. ?The sum of N154, 014.50 being outstanding debt owed the plaintiff as at the 13th day of January, 1998.

b. 21 percent interest on the said sum per annum until judgment is given.

c. 5 percent interest per annum until the Judgment debt is finally liquidated.?

The respondent counter claimed against the appellant as follows:

(i) ?The sum of N39, 062.50 being the balance for the plastic raw materials supplied to the plaintiff but not paid for.

(ii) The sum of N500, 000 being special and general damages for false imprisonment.

(iii) The sum of N700, 000 being special and general damages for malicious prosecution.?

Both parties led evidence in support of their claims. In a considered judgment delivered by Hon. Justice J. I. Nweze on 10th May, 2005, the Court dismissed the appellant?s claim

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and entered judgment in favour of the respondent as follows:

(a) ?In the sum of N17, 405:50 (Seven thousand, four hundred and five Naira, fifty kobo only) being the debt owed by the Plaintiff to the Defendant.

(b) In the sum of N500, 000, 00 (Five hundred thousand naira) being damages for false imprisonment.