Texaco Nigeria Plc & Anor. V. Reuben Iloka (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UCHECHUKWU ONYEMENAM, JCA (Delivering the Leading Judgment)

This is an appeal against the judgment of the Benue State High Court, sitting at Makurdi in suit No. MHC/96/92 delivered by E.O. OGBOLE J. on the 18th day of August, 1998 awarding the total sum of N800, 487.03 against the appellants jointly and severally in favour of the plaintiff/respondent made up of N710,487.03 being special damages and N90,000.00 being general damages.

By the statement of claim dated 16:12:92, at paragraph 28 the respondent sought Reliefs as follows:-

“Wherefore the plaintiff claims from the defendants jointly and severally the sum of N1,000,000.00 (One million naira) only made up as follows:-

Cost of 1st gen set ….. N181000.00

Cost of 2nd gen set …. N24,000.00

Cost Of repairing the gen set …….. N25,000.00

value of Tex Garden and Restaurant …….. N425,000.00

Value of petroleum paid for by the plaintiff but diverted

to another outlet instead of Code 0880……N245,70.00

Erroneous deductions on DAPS ….. N31,020,00

Plaintiffs working capital kept by the 1st defendant …. N110,000.00

Value of personal properties lost at Code 0880

since 9/5/92 ….. N94,036.00