Lagos State Government & Ors V. Pastor Joseph Olayinka Martins (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State delivered on 15th of January, 2002 against the Appellants.

The fact of this case is that the respondent, as plaintiff, filed a suit by originating summons in the High Court of Lagos State. The respondent/plaintiff claimed against the appellant as defendants, the following in its amended statement of claim:

“Whereupon the plaintiff claims N300,000,000.00 made up as follows:

(i) Special damage – N149,000,040.00

PARTICULARS OF SPECIAL DAMAGE:

N1,200.00 per student per term is equal to N3,600.00 a year.

There are 45 classes of 40 students per class i.e. N3,600.00×40 (a class) in a year N144,000.00.

N144,000.00 x 45 classes = N6,480,000.00 a year.

N6,480,000 x 23 years of the wrongful take over (1977-2000) = N149,040,000.00.

(ii) General damages – N50,000,000.00

(iii) Compensation – N100,000,000.00

PARTICULARS OF COMPENSATION:

Five school buildings, one science block, science laboratories for Physics, Chemistry and Biology, a Typing Pool, Typing equipment, Typewriters.