Federal Capital Development Authority & Anor V. Mtn Nigeria Communication Limited & Anor (2016)

LawGlobal-Hub Lead Judgment Report

MOHAMMED MUSTAPHA, J.C.A. 

This is an appeal against the decision of the High Court of the Federal Capital Territory, Abuja of the 6th March, 2014 Coram M.M. Dodo, J, by an Amended Notice of Appeal filed on the 8th of October, 2014, and deemed properly filed by an order of this Court on the 20th day of May, 2015 on the following grounds, shorn of their particulars:

GROUND ONE:

That the learned trial judge erred in law when he entered judgment in favour of the 1st respondent in the sum of N250,000,000.00 against the appellants as general damages for negligent misrepresentation when the said 1st respondent had failed to plead negligence, enumerate the particulars of negligence and/or state the duty of care owed her by the appellant in his counterclaim relied upon as required by law.

GROUND TWO:

The learned trial judge erred in law when he wholly relied on a hearsay evidence in absolute disregard to the provision of Section 38 of the Evidence Act to hold that the 1st respondent proved her head claim of negligence before the Honourable Trial Judge against the appellants.

GROUND THREE:

That the

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learned trial judge erred in law when without any credible evidence adduced by 1st respondent to preponderate the scale of justice in their favour against the defense of the appellants, it held that the actions of the appellant towards the 1st respondent amount to negligent and at the same time dereliction of duty and thus awarded the sum of N250,000,000.00 damages to the 1st respondent even when the 1st respondent placed no particulars in proof therefore before the Court.

GROUND FOUR:

The learned trial judge misapplied the law with regard to the exercise of judicial discretion when without basis he awarded the sum of N250,000,000.00 against the appellants in favour of the 1st Respondent as general damages for “negligent misrepresentation”.

GROUND FIVE:

That the learned trial judge failed to appropriately appraise the facts relied upon by the parties before making the award of the jumbo damages of N250,000,000.00 in favour of the 1st respondent for ‘negligent misrepresentation’ against the appellants.