Solomon Ehimare Ehimen V. Benin Electricity Distribution Company PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the Judgment of the Federal High Court Benin Division in Suit No. ? FHC/B/CS/47/98 ? SOLOMON EHIMARE EHIMEN AND NATIONAL ELECTRIC POWER AUTHORITY, delivered on the 7th day of April 2004 wherein the Plaintiff?s claim for the sum of (N19,882,006.00) nineteen million, eight hundred and eight two thousand and six Naira Special and General Damages against the Respondent was dismissed.

Briefly, the facts of the case are that by Paragraph 15 of the Plaintiff?s amended statement of claim, the Plaintiff claims against the Defendant the sum on (N19,882,006.00) nineteen million, eight hundred and eighty-two thousand and six Naira being General and Special Damages suffered by the Plaintiff as a result of the negligence of the Defendant and the sum of N10,000.00 every month until the final determination of the substantive suit.

At the trial, the Appellant testified in proof of his claim and called two witnesses. The Respondent in its defence, also called two witnesses.

?At the conclusion of hearing, the learned trial Judge

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dismissed the Plaintiff/Appellant?s claim on the ground that acts of negligence were not proved beyond reasonable doubt against the Respondent.

The Appellant dissatisfied with the Judgment of the Lower Court appealed to this Court.

The learned counsel for the Appellant formulated two issues for the determination of the Appeal. The issues are reproduced as follows:-

ISSUE NO. 1

Whether or not the learned trial Judge was right when he based his judgment on facts that were not pleaded (Distilled from Additional Ground 1)

ISSUE NO. 2

Whether the Appellant satisfactorily established his claim before the Lower Court in accordance with the law.

(Distilled from Original Ground 1 and Additional Ground 2)